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					                                    Iowa General Assembly
                             Daily Bills, Amendments & Study Bills
                                        February 02, 2011
HF 161




House File 161 - Introduced


                                        HOUSE FILE
                                        BY RUNNING-MARQUARDT

                                              A BILL FOR

         1 An Act relating to the use of unattended, unmarked law
         2    enforcement vehicles for purposes of motor vehicle law
         3    enforcement.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 161 - Introduced continued

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  1    1      Section 1. NEW SECTION. 321.361A Unattended law enforcement
  1    2   vehicles.
  1    3      1. An unattended vehicle which is owned or operated by a
  1    4   state or local law enforcement agency and is positioned at a
  1    5   location within or adjacent to the highway right=of=way for the
  1    6   purpose of monitoring traffic or enforcing motor vehicle laws
  1    7   without the immediate presence of a peace officer, including
  1    8   but not limited to the enforcement of speed limits, shall be
  1    9   clearly identified as a law enforcement vehicle.
  1   10      2. This section shall not be construed to limit or prohibit
  1   11   the use of an unmarked law enforcement vehicle for purposes
  1   12   of motor vehicle law enforcement if the unmarked vehicle is
  1   13   operated by a peace officer or when the temporary parking of an
  1   14   unmarked law enforcement vehicle along a highway is incidental
  1   15   to the use of the vehicle by a peace officer in the performance
  1   16   of the peace officer's duties.
  1   17      3. This section is not intended to apply to or limit the
  1   18   lawful use of unmarked vehicles by law enforcement agencies for
  1   19   purposes other than motor vehicle law enforcement.
  1   20                             EXPLANATION
  1   21      This bill prohibits the parking of unattended, unmarked
  1   22   law enforcement vehicles within or adjacent to a highway
  1   23   right=of=way for purposes of traffic monitoring or motor
  1   24   vehicle law enforcement without the presence of a peace
  1   25   officer. The bill specifically requires that any such
  1   26   unattended vehicle be clearly identified as a law enforcement
  1   27   vehicle.
  1   28      The use of an unmarked law enforcement vehicle which is
  1   29   operated by a peace officer in the enforcement of motor vehicle
  1   30   laws is not limited or prohibited by the bill, nor is the
  1   31   temporary parking of an unmarked vehicle along the highway in
  1   32   the course of performing a peace officer's duties.
  1   33      The bill is not intended to apply to or limit the use of
  1   34   unmarked law enforcement vehicles for purposes other than motor
  1   35   vehicle law enforcement.
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HF 162




House File 162 - Introduced


                                        HOUSE FILE
                                        BY RUNNING-MARQUARDT

                                              A BILL FOR

         1 An Act relating to the contouring of certain portions of
         2    highway rights=of=way at T intersections.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 162 - Introduced continued

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  1    1      Section 1. NEW SECTION. 314.30 T intersection ====
  1    2   modifications to right=of=way.
  1    3      When the department is engaged in the construction,
  1    4   reconstruction, improvement, or repair of a portion of a
  1    5   highway that contains a T intersection and the portion of
  1    6   the right=of=way opposite the junction of the intersecting
  1    7   roadways contains a steep slope or drop=off, the department
  1    8   shall improve the contour of the right=of=way to the extent
  1    9   practicable to mitigate any safety hazard, subject to available
  1   10   funding.
  1   11                             EXPLANATION
  1   12      This bill concerns hazardous steep slopes and drop=offs in
  1   13   the right=of=way opposite the junction of intersecting roadways
  1   14   at a T intersection. The bill requires the department of
  1   15   transportation to improve the contour of that portion of the
  1   16   right=of=way containing a steep slope or drop=off to the extent
  1   17   practicable to mitigate any safety hazard, subject to available
  1   18   funding, when the department is engaged in the construction,
  1   19   reconstruction, improvement, or repair of the portion of
  1   20   highway that includes the T intersection.
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HF 163




House File 163 - Introduced


                                        HOUSE FILE
                                        BY T. TAYLOR, KRESSIG,
                                            KAJTAZOVIC, WILLEMS,
                                            RUNNING-MARQUARDT,
                                            STECKMAN, and T.?OLSON

                                        (COMPANION TO SF 53 BY
                                            HOGG)

                                              A BILL FOR

         1 An Act relating to disaster mitigation and predisaster
         2    planning by providing for comprehensive watershed management
         3    planning, creating a watershed management grant program,
         4    providing floodplain management regulation incentives,
         5    creating a predisaster hazard mitigation grant program, and
         6    making appropriations.
         7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 163 - Introduced continued

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  1    1                             DIVISION I
  1    2                       COMPREHENSIVE WATERSHED
  1    3                         MANAGEMENT PLANNING
  1    4      Section 1.  NEW SECTION. 455B.263A Flood water reduction
  1    5   planning.
  1    6      1. In consultation with stakeholders representing
  1    7   agriculture, local governments, environmental interests,
  1    8   recreational interests, federal agencies, and any other related
  1    9   interests, the department shall do all of the following:
  1   10      a. Establish goals for reducing future flood damage through
  1   11   the holding of flood waters measured in acre=feet of water
  1   12   held.
  1   13      b. Identify strategies for achieving flood water reduction
  1   14   goals for at least six basins in the state and at least three
  1   15   major river regions.
  1   16      c. Identify specific flood water reduction projects that
  1   17   can be implemented and the time frame for implementing such
  1   18   projects.
  1   19      d. Identify private, local, and federal funding sources for
  1   20   flood water reduction projects and strategies.
  1   21      e. Identify suggested land use strategies to avoid
  1   22   identified flood hazards.
  1   23      f. Identify agencies or entities within a basin or major
  1   24   river region that will be responsible for implementing and
  1   25   updating flood water reduction plans within each basin and
  1   26   major river region.
  1   27      Sec. 2. NEW SECTION. 455B.283 Comprehensive watershed
  1   28   management planning ==== appropriation.
  1   29      For the fiscal period beginning July 1, 2011, and ending
  1   30   June 30, 2021, there is appropriated each fiscal year from
  1   31   the general fund of the state to the department of natural
  1   32   resources three million dollars for purposes of comprehensive
  1   33   watershed management planning for at least six basins in the
  1   34   state and at least three major river regions as determined by
  1   35   the department. The department shall prioritize the planning
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House File 163 - Introduced continued

  2    1   for the basins and major river regions based on flood risk,
  2    2   opportunity for improvement, and interest in planning from
  2    3   entities within the basin or major river region. However, all
  2    4   planning for at least six basins and at least three major river
  2    5   regions shall be completed by June 30, 2021.
  2    6      Sec. 3. WATER RESOURCES COORDINATING COUNCIL ==== STUDIES.
  2    7      1. The water resources coordinating council established
  2    8   pursuant to section 466B.3 shall assess state programs and
  2    9   funding for watershed management purposes for the effectiveness
  2   10   of the programs in reducing flood damage and improving water
  2   11   quality and the geographic distribution of funding. By
  2   12   November 15, 2011, the council shall submit a report to the
  2   13   general assembly detailing the council's findings, conclusions,
  2   14   and recommendations for future action.
  2   15      2. The water resources coordinating council shall analyze
  2   16   and assess incentives for landowners and developers in both
  2   17   rural and urban settings to retain flood water on their
  2   18   property. The incentives to be examined shall include but
  2   19   not be limited to bounties for retention of flood water,
  2   20   property tax incentives, and tradeable permits. By November
  2   21   15, 2011, the council shall submit a report to the general
  2   22   assembly detailing the council's findings, conclusions, and
  2   23   recommendations for future action.
  2   24                             DIVISION II
  2   25                        WATERSHED MANAGEMENT
  2   26                            GRANT PROGRAM
  2   27      Sec. 4. NEW SECTION. 466B.41 Watershed management grant
  2   28   program and fund ==== appropriation.
  2   29      1. The department of natural resources shall establish a
  2   30   watershed management grant program for purposes of providing
  2   31   financial assistance for voluntary watershed management
  2   32   projects. The department shall provide administrative
  2   33   assistance and support to the watershed management grant board
  2   34   established in subsection 2.
  2   35      2. A watershed management grant board is established
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  3    1   consisting of the following members:
  3    2      a. The director of the department of natural resources or
  3    3   the director's designee.
  3    4      b. The secretary of agriculture or the secretary's designee.
  3    5      c. The administrator of the homeland security and emergency
  3    6   management division of the department of public defense or the
  3    7   administrator's designee.
  3    8      d. One member selected by the Iowa flood center at the
  3    9   university of Iowa.
  3   10      e. One member selected by the center for energy and
  3   11   environmental education at the university of northern Iowa.
  3   12      f. One member selected by the water center at Iowa state
  3   13   university of science and technology.
  3   14      g. The governor shall appoint the following members:
  3   15      (1) One member representing agricultural producers.
  3   16      (2) One member representing county conservation boards.
  3   17      (3) One member representing soil and water conservation
  3   18   districts.
  3   19      (4) One member representing city governments.
  3   20      (5) One member representing environmental interests.
  3   21      3. All member appointments made pursuant to subsection 2,
  3   22   paragraph "g", shall comply with sections 69.16, 69.16A, and
  3   23   69.16C, and shall be subject to confirmation by the senate.
  3   24   All members appointed pursuant to subsection 2, paragraph "g",
  3   25   shall be appointed to three=year staggered terms, and the terms
  3   26   shall commence and end as provided by section 69.19. If a
  3   27   vacancy occurs, a successor shall be appointed to serve the
  3   28   unexpired term. A successor shall be appointed in the same
  3   29   manner and subject to the same qualifications as the original
  3   30   appointment. During the first meeting of each new fiscal year,
  3   31   the board shall elect one member to serve as the chairperson.
  3   32   A majority of the board constitutes a quorum.
  3   33      4. The watershed management grant board shall meet at least
  3   34   twice a year for purposes of considering applications and
  3   35   awarding financial assistance under the watershed management
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House File 163 - Introduced continued

  4    1   grant program. In making grant awards for watershed management
  4    2   projects under the program, the board shall consider all of the
  4    3   following criteria:
  4    4      a. The project must be designed to hold a demonstrable
  4    5   amount of water during flood events measured in acre=feet of
  4    6   water.
  4    7      b. The project must be a voluntary project that does not
  4    8   involve condemnation of property.
  4    9      c. Additional consideration shall be given to applications
  4   10   that contain any of the following:
  4   11      (1) Projects identified or recognized through comprehensive
  4   12   watershed management plans.
  4   13      (2) Projects that leverage federal moneys through programs
  4   14   including but not limited to the federal wetland reserve
  4   15   program, the federal emergency watershed protection program,
  4   16   the federal farm and ranch lands protection program, and the
  4   17   federal conservation reserve program.
  4   18      (3) Projects that leverage private or local moneys.
  4   19      5. A watershed management grant program fund is created
  4   20   in the state treasury under the control of the department of
  4   21   natural resources and consisting of any moneys appropriated
  4   22   by the general assembly and any other moneys available to and
  4   23   obtained or accepted by the department for placement in the
  4   24   fund. The fund shall be used to provide grants under the
  4   25   watershed management grant program established in this section.
  4   26   Moneys in the fund are not subject to section 8.33 and shall
  4   27   not be transferred, used, obligated, appropriated, or otherwise
  4   28   encumbered except as provided in this section.
  4   29      6. For the fiscal period beginning July 1, 2011, and ending
  4   30   June 30, 2021, there is appropriated each fiscal year from the
  4   31   general fund to the department of natural resources thirty
  4   32   million dollars for deposit in the watershed management grant
  4   33   program fund.
  4   34      7. The department of natural resources shall adopt rules
  4   35   pursuant to chapter 17A necessary for the administration of
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House File 163 - Introduced continued

  5    1   this subchapter.
  5    2                            DIVISION III
  5    3                    MISCELLANEOUS APPROPRIATIONS
  5    4      Sec. 5. NEW SECTION. 161C.8 Technical assistance.
  5    5      For the fiscal period beginning July 1, 2011, and ending
  5    6   June 30, 2021, there is appropriated each fiscal year from
  5    7   the general fund to the department of agriculture and land
  5    8   stewardship four million two hundred thousand dollars for
  5    9   purposes of providing watershed project technical assistance.
  5   10   Assistance may be provided to landowners, soil and water
  5   11   conservation districts, county conservation boards, and the
  5   12   department of natural resources.
  5   13      Sec. 6. NEW SECTION. 455B.284 Floodplain management ====
  5   14   appropriation.
  5   15      1. For the fiscal period beginning July 1, 2011, and ending
  5   16   June 30, 2021, there is appropriated each fiscal year from the
  5   17   general fund to the department of natural resources two million
  5   18   dollars for purposes of floodplain management activities.
  5   19      2. For the fiscal period beginning July 1, 2011, and
  5   20   ending June 30, 2021, there is appropriated each fiscal year
  5   21   from the general fund to the department of natural resources
  5   22   fifty thousand dollars for purposes of providing a grant to
  5   23   an organization for the establishment of a mentor network for
  5   24   floodplain managers that fosters dialogue, education, and
  5   25   technical support to floodplain managers to assist cities and
  5   26   counties in the establishment of federally compliant floodplain
  5   27   programs. The organization must be an organization by and
  5   28   consisting of local floodplain managers.
  5   29      Sec. 7. NEW SECTION. 466C.2 Appropriation.
  5   30      For the fiscal period beginning July 1, 2011, and ending
  5   31   June 30, 2021, there is appropriated each fiscal year from the
  5   32   general fund to the state board of regents one million three
  5   33   hundred thousand dollars for purposes of the Iowa flood center.
  5   34                             DIVISION IV
  5   35                        FLOODPLAIN MANAGEMENT
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House File 163 - Introduced continued

  6    1                        REGULATION INCENTIVES
  6    2      Sec. 8. NEW SECTION. 29C.23 Local disaster planning.
  6    3      1. The homeland security and emergency management division
  6    4   of the department of public defense, in consultation with the
  6    5   department of natural resources, shall educate cities and
  6    6   counties regarding the community rating system of the national
  6    7   flood insurance program of the federal emergency management
  6    8   agency.
  6    9      2. The homeland security and emergency management division
  6   10   of the department of public defense shall provide state
  6   11   matching funds in addition to matching funds provided under
  6   12   section 29C.20, subsection 3, but not to exceed an additional
  6   13   fifteen percent, to communities located within an area declared
  6   14   to be a disaster area due to flooding in a declaration issued
  6   15   by the president of the United States or the governor based on
  6   16   the extent to which the community meets any of the following
  6   17   criteria:
  6   18      a. Adoption of exemplary floodplain management regulations
  6   19   under the community rating system of the national flood
  6   20   insurance program of the federal emergency management agency or
  6   21   participation in a watershed management authority.
  6   22      b. Participation in a comprehensive watershed management
  6   23   planning process that has resulted in a completed comprehensive
  6   24   watershed management plan.
  6   25      c. Adoption of floodplain regulation at levels more
  6   26   protective than the one hundred year floodplain.
  6   27      d. Completion of projects to flood proof critical facilities
  6   28   located within a five hundred year floodplain.
  6   29      e. Adoption of soil restoration standards for development.
  6   30      f. Adoption of storm water management standards equal to the
  6   31   department of natural resources storm water management manual.
  6   32      g. Adoption of superior predisaster hazard mitigation plans.
  6   33      3. The homeland security and emergency management division
  6   34   of the department of public defense shall adopt rules pursuant
  6   35   to chapter 17A as necessary for the administration of this
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House File 163 - Introduced continued

  7    1   section.
  7    2                             DIVISION V
  7    3                         PREDISASTER HAZARD
  7    4                      MITIGATION GRANT PROGRAM
  7    5      Sec. 9. NEW SECTION. 29C.24 Predisaster hazard mitigation
  7    6   grant program and fund ==== appropriation.
  7    7      1. The homeland security and emergency management
  7    8   division of the department of public defense shall establish
  7    9   a predisaster hazard mitigation grant program for purposes of
  7   10   providing financial assistance for predisaster planning. The
  7   11   division shall provide administrative assistance and support to
  7   12   the predisaster hazard mitigation grant board established in
  7   13   subsection 2.
  7   14      2. A predisaster hazard mitigation grant board is
  7   15   established consisting of the following members:
  7   16      a. The director of the department of natural resources or
  7   17   the director's designee.
  7   18      b. The director of the Iowa finance authority or the
  7   19   director's designee.
  7   20      c. The administrator of the homeland security and emergency
  7   21   management division of the department of public defense or the
  7   22   administrator's designee.
  7   23      d. The director of the department of economic development or
  7   24   the director's designee.
  7   25      e. The governor shall appoint the following members:
  7   26      (1) One member representing city governments.
  7   27      (2) One member representing county governments.
  7   28      (3) Three members with expertise in finance, engineering,
  7   29   or construction.
  7   30      3. All member appointments made pursuant to subsection 2,
  7   31   paragraph "e", shall comply with sections 69.16, 69.16A, and
  7   32   69.16C, and shall be subject to confirmation by the senate.
  7   33   All members appointed pursuant to subsection 2, paragraph "e",
  7   34   shall be appointed to three=year staggered terms and the terms
  7   35   shall commence and end as provided by section 69.19. If a
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  8    1   vacancy occurs, a successor shall be appointed to serve the
  8    2   unexpired term. A successor shall be appointed in the same
  8    3   manner and subject to the same qualifications as the original
  8    4   appointment. During the first meeting of each new fiscal year,
  8    5   the board shall elect one member to serve as the chairperson.
  8    6   A majority of the board constitutes a quorum.
  8    7      4. The predisaster hazard mitigation grant board shall meet
  8    8   at least twice a year for purposes of considering applications
  8    9   and awarding financial assistance under the predisaster hazard
  8   10   mitigation grant program to cities and counties. In making
  8   11   grant awards under the program, the board shall consider all of
  8   12   the following criteria:
  8   13      a. The project must reduce projected damage from anticipated
  8   14   future disasters.
  8   15      b. The project must propose leveraging federal, local, or
  8   16   private moneys.
  8   17      5. A predisaster hazard mitigation grant program fund
  8   18   is created in the state treasury under the control of the
  8   19   department of natural resources and consisting of any moneys
  8   20   appropriated by the general assembly and any other moneys
  8   21   available to and obtained or accepted by the department for
  8   22   placement in the fund. The fund shall be used to provide
  8   23   grants under the predisaster hazard mitigation grant program
  8   24   established in this section. Moneys in the fund are not
  8   25   subject to section 8.33 and shall not be transferred, used,
  8   26   obligated, appropriated, or otherwise encumbered except as
  8   27   provided in this section.
  8   28      6. For the fiscal period beginning July 1, 2011, and ending
  8   29   June 30, 2021, there is appropriated each fiscal year from the
  8   30   general fund to the homeland security and emergency management
  8   31   division of the department of public defense twenty million
  8   32   dollars for deposit in the predisaster hazard mitigation grant
  8   33   program fund.
  8   34      7. The homeland security and emergency management division
  8   35   of the department of public defense shall adopt rules pursuant
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  9    1   to chapter 17A necessary for the administration of this
  9    2   section.
  9    3                             EXPLANATION
  9    4      This bill relates to disaster mitigation and predisaster
  9    5   planning by providing for comprehensive watershed management
  9    6   planning, creating a watershed management grant program,
  9    7   providing floodplain management regulation incentives, creating
  9    8   a predisaster hazard mitigation grant program, and making
  9    9   appropriations. The bill is divided into divisions.
  9   10      COMPREHENSIVE WATERSHED MANAGEMENT PLANNING. The division
  9   11   requires the department of natural resources to consult with
  9   12   certain stakeholders to establish goals for reducing future
  9   13   flood damage through the holding of flood waters measured in
  9   14   acre=feet of water held, to identify strategies for achieving
  9   15   flood water reduction goals for at least six basins and at
  9   16   least three major river regions, to identify specific flood
  9   17   water reduction projects that can be implemented and the time
  9   18   frame for implementing such projects, to identify private,
  9   19   local, and federal funding sources for flood water reduction
  9   20   projects and strategies, to identify suggested land use
  9   21   strategies to avoid identified flood hazards, and to identify
  9   22   certain agencies or entities to be responsible for implementing
  9   23   and updating flood water reduction plans.
  9   24      For the fiscal period beginning July 1, 2011, and ending
  9   25   June 30, 2021, the division appropriates each fiscal year from
  9   26   the general fund of the state to the department of natural
  9   27   resources $3 million for purposes of comprehensive watershed
  9   28   management planning for at least six basins in the state and
  9   29   at least three major river regions. The bill requires the
  9   30   planning to be prioritized based on certain criteria.
  9   31      The division requires the water resources coordinating
  9   32   council to submit two reports to the general assembly by
  9   33   November 15, 2011. The reports relate to an assessment of
  9   34   state programs and funding for watershed management purposes
  9   35   and an assessment of incentives for landowners and developers
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 10    1   in both the rural and urban settings to retain flood water on
 10    2   their property.
 10    3      WATERSHED MANAGEMENT GRANT PROGRAM. The division creates
 10    4   a watershed management grant program and fund for purposes
 10    5   of providing financial assistance for voluntary watershed
 10    6   projects. Under the program, grants are awarded by a watershed
 10    7   management grant board created in the division. The board is
 10    8   required to meet at least twice a year and in making the awards
 10    9   is required to consider certain criteria. The criteria include
 10   10   that the project must be designed to hold a demonstrable amount
 10   11   of water during flood events measured in acre=feet of water and
 10   12   the project must be a voluntary project that does not involve
 10   13   condemnation of property. Additional consideration is given
 10   14   to applications that are identified or recognized through
 10   15   comprehensive watershed management plans, that leverage certain
 10   16   federal moneys, or that leverage private or local moneys. For
 10   17   the fiscal period beginning July 1, 2011, and ending June 30,
 10   18   2021, the division appropriates each fiscal year from the
 10   19   general fund to the department of natural resources $30 million
 10   20   for deposit in the watershed management grant program fund for
 10   21   use under the program. The division requires the department of
 10   22   natural resources to adopt administrative rules for the program
 10   23   and requires the department to provide administrative support
 10   24   to the board.
 10   25      MISCELLANEOUS APPROPRIATIONS. For the fiscal period
 10   26   beginning July 1, 2011, and ending June 30, 2021, the division
 10   27   appropriates each fiscal year from the general fund to the
 10   28   department of agriculture and land stewardship $4.2 million for
 10   29   purposes of providing watershed project technical assistance
 10   30   to landowners, soil and water conservation districts, county
 10   31   conservation boards, and the department of natural resources.
 10   32      For the fiscal period beginning July 1, 2011, and ending June
 10   33   30, 2021, the division appropriates each fiscal year from the
 10   34   general fund to the department of natural resources $2 million
 10   35   for purposes of floodplain management activities.
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 11    1   For the fiscal period beginning July 1, 2011, and ending
 11    2   June 30, 2021, the division appropriates each fiscal year from
 11    3   the general fund to the department of natural resources $50,000
 11    4   for purposes of providing a grant to an organization for the
 11    5   establishment of a mentor network for floodplain managers
 11    6   that fosters dialogue, education, and technical support to
 11    7   floodplain managers to assist cities and counties in the
 11    8   establishment of federally compliant floodplain programs.
 11    9      For the fiscal period beginning July 1, 2011, and ending
 11   10   June 30, 2021, the division appropriates each fiscal year from
 11   11   the general fund to the state board of regents $1.3 million for
 11   12   purposes of the Iowa flood center.
 11   13      FLOODPLAIN MANAGEMENT REGULATION INCENTIVES. The division
 11   14   requires the homeland security and emergency management
 11   15   division of the department of public defense, in consultation
 11   16   with the department of natural resources, to educate cities
 11   17   and counties regarding the community rating system of the
 11   18   national flood insurance program of the federal emergency
 11   19   management agency. The division requires the homeland security
 11   20   and emergency management division to provide state matching
 11   21   moneys in addition to certain other matching funds, but not to
 11   22   exceed an additional 15 percent, to communities within an area
 11   23   declared to be a disaster area due to flooding in a declaration
 11   24   issued by the president of the United States or the governor
 11   25   when the community meets one of several listed criteria.
 11   26      PREDISASTER HAZARD MITIGATION GRANT PROGRAM. The division
 11   27   requires the homeland security and emergency management
 11   28   division of the department of public defense to establish a
 11   29   predisaster hazard mitigation grant program for purposes of
 11   30   providing financial assistance for predisaster planning. The
 11   31   division creates a predisaster hazard mitigation grant board
 11   32   that is required to meet at least twice a year for purposes of
 11   33   considering grant applications. In making grant awards under
 11   34   the program, the board is required to consider projects that
 11   35   must reduce projected damage from anticipated future disasters
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House File 163 - Introduced continued

 12   1   and propose leveraging federal, local, and private moneys.
 12   2   For the fiscal period beginning July 1, 2011, and ending June
 12   3   30, 2021, the division appropriates each fiscal year from the
 12   4   general fund to the homeland security and emergency management
 12   5   division $20 million for deposit in the predisaster hazard
 12   6   mitigation grant program fund for use under the program. The
 12   7   homeland security and emergency management division is required
 12   8   to adopt administrative rules for purposes of the program and
 12   9   to provide administrative support to the board.
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HF 164




House File 164 - Introduced


                                        HOUSE FILE
                                        BY PETTENGILL, HEATON,
                                            DE?BOEF, PAUSTIAN,
                                            ALONS, HANUSA,
                                            HUSEMAN, and
                                            VANDER?LINDEN

                                              A BILL FOR

         1 An Act establishing a property tax exemption for a principal
         2    residence owned by a totally disabled individual or certain
         3    elderly individuals and including applicability provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 164 - Introduced continued

PAG LIN



  1    1      Section 1. Section 427.1, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 38. Disabled or elderly principal
  1    4   residence. A disabled or elderly principal residence shall be
  1    5   exempt from taxation.
  1    6      a. "Disabled or elderly principal residence" means a dwelling
  1    7   owned and actually used as a home for a minimum of six months
  1    8   during the most recent full calendar year by an individual
  1    9   who is either completely disabled or an individual who is
  1   10   sixty=five years of age or older and whose annual income is
  1   11   seven thousand five hundred dollars or less. A disabled or
  1   12   elderly principal residence shall also include so much of
  1   13   the land surrounding the dwelling, including one or more
  1   14   contiguous lots or tracts of land as is reasonably necessary
  1   15   for use of the dwelling as a home not to exceed one hundred
  1   16   sixty acres, and may consist of a part of a multidwelling or
  1   17   multipurpose building and a part of the land upon which it is
  1   18   built. A disabled or elderly principal residence does not
  1   19   include personal property except that a manufactured or mobile
  1   20   home may be a disabled or elderly principal residence. When a
  1   21   person is confined in a nursing home, extended=care facility,
  1   22   or hospital, the person shall be considered as occupying or
  1   23   living in the disabled or elderly principal residence if the
  1   24   individual is the owner and does not lease, rent, or otherwise
  1   25   receive profits from other persons for the use of the residence
  1   26   claimed as a disabled or elderly principal residence.
  1   27      b. An application for this exemption shall be filed with the
  1   28   assessor not later than February 1 of each year for which the
  1   29   exemption is requested, on forms provided by the department of
  1   30   revenue.
  1   31      c. The application shall include all of the following, if
  1   32   applicable:
  1   33      (1) Proof of total disability of the claimant, if
  1   34   applicable, on January 1 of the year in which the claim is
  1   35   filed. Proof of total disability may be, but is not limited
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House File 164 - Introduced continued

  2    1   to, the written certification of such total disability by
  2    2   any two physicians licensed to practice in this state. For
  2    3   purposes of this subsection, "totally disabled" means as defined
  2    4   in section 425.17.
  2    5      (2) Proof of age, if applicable.
  2    6      (3) Evidence of income. For purposes of this subsection,
  2    7   "income" means as defined in section 425.17.
  2    8      (4) Legal description of the real estate for which the
  2    9   claimant is seeking an exemption.
  2   10      (5) Any additional information required by the director and
  2   11   necessary to support a claim.
  2   12      Sec. 2. IMPLEMENTATION OF ACT. The provisions in section
  2   13   25B.7, relating to the obligation of the state to reimburse
  2   14   local jurisdictions for property tax credits and exemptions, do
  2   15   not apply to this Act.
  2   16      Sec. 3. APPLICABILITY. This Act applies to assessment years
  2   17   beginning on or after January 1, 2012.
  2   18                             EXPLANATION
  2   19      This bill establishes a property tax exemption for disabled
  2   20   or elderly principal residences. The bill defines "disabled or
  2   21   elderly principal residence" as a dwelling owned and actually
  2   22   used as a home for a minimum of six months during the most
  2   23   recent full calendar year by an individual who is either
  2   24   completely disabled or an individual who is 65 years of age
  2   25   or older and whose annual income is $7,500 or less. The bill
  2   26   also provides that a disabled or elderly principal residence
  2   27   includes so much of the land surrounding the dwelling,
  2   28   including one or more contiguous lots or tracts of land as is
  2   29   reasonably necessary for use of the dwelling as a home not to
  2   30   exceed 160 acres, and may consist of a part of a multidwelling
  2   31   or multipurpose building and a part of the land upon which it
  2   32   is built. A disabled or elderly principal residence does not
  2   33   include personal property except that a manufactured or mobile
  2   34   home may be a disabled and elderly principal residence. The
  2   35   bill specifies that when a person is confined in a nursing
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House File 164 - Introduced continued

  3    1   home, extended=care facility, or hospital, the person shall be
  3    2   considered as occupying or living in the disabled or elderly
  3    3   principal residence if the individual is the owner and does not
  3    4   lease, rent, or otherwise receive profits from other persons
  3    5   for the use of the disabled or elderly principal residence.
  3    6      The bill requires applications for the exemption to be filed
  3    7   with the assessor not later than February 1 of each year for
  3    8   which the exemption is requested, on forms provided by the
  3    9   department of revenue. The bill specifies what information is
  3   10   required in each application for the exemption.
  3   11      The bill provides that the provisions in Code section 25B.7,
  3   12   relating to the obligation of the state to reimburse local
  3   13   jurisdictions for property tax credits and exemptions, does not
  3   14   apply to the exemption in the bill.
  3   15      The bill applies to property tax assessment years beginning
  3   16   on or after January 1, 2012.
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HF 165




House File 165 - Introduced


                                        HOUSE FILE
                                        BY SCHULTE and T. TAYLOR

                                        (COMPANION TO sf 56 by
                                            bolkcom)

                                              A BILL FOR

         1 An Act relating to donation of newborn umbilical cord blood.
         2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 165 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 135.39D Donation of newborn
  1    2   umbilical cord blood ==== exemption from civil liability.
  1    3      1. Notwithstanding any provision to the contrary regarding
  1    4   blood donation, the principal prenatal health care provider
  1    5   of a woman who is known by the provider to be pregnant shall,
  1    6   prior to the thirty=fifth week of the woman's pregnancy,
  1    7   provide the woman with information regarding options for
  1    8   donation of blood extracted from the umbilical cord of the
  1    9   newborn to an accepting and accredited cord blood bank, blood
  1   10   bank, blood center, or plasma center.
  1   11      2. A person shall not be subject to civil liability for
  1   12   failure to comply with this section.
  1   13                             EXPLANATION
  1   14      This bill relates to donation of newborn umbilical cord
  1   15   blood. The bill directs the principal prenatal health care
  1   16   provider of a woman known by the provider to be pregnant, to
  1   17   provide the woman, prior to the 35th week of the pregnancy,
  1   18   with information regarding the options for donation of
  1   19   umbilical cord blood to an accepting and accredited cord blood
  1   20   bank, blood bank, blood center, or plasma center. The bill
  1   21   provides an exemption from civil liability for failure to
  1   22   comply with the bill.
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HF 166




House File 166 - Introduced


                                        HOUSE FILE
                                        BY HAGENOW

                                        (COMPANION TO LSB
                                            2089SS BY WARD)

                                              A BILL FOR

         1 An Act creating the transparency in private attorney contracts
         2    Act.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 166 - Introduced continued

PAG LIN



  1    1      Section 1. Section 13.7, Code 2011, is amended to read as
  1    2   follows:
  1    3      13.7 Special counsel.
  1    4      Compensation shall not be allowed to any person for services
  1    5   as an attorney or counselor to an executive department of the
  1    6   state government, or the head thereof, or to a state board
  1    7   or commission. However, the executive council may employ
  1    8   legal assistance, at a reasonable compensation, in a pending
  1    9   action or proceeding to protect the interests of the state,
  1   10   but only upon a sufficient showing, in writing, made by the
  1   11   attorney general, that the department of justice cannot for
  1   12   reasons stated by the attorney general perform the service,
  1   13   which reasons and action of the council shall be entered
  1   14   upon its records. When the attorney general determines that
  1   15   the department of justice cannot perform legal service in an
  1   16   action or proceeding, the executive council shall request the
  1   17   department involved in the action or proceeding to recommend
  1   18   legal counsel to represent the department. If the attorney
  1   19   general concurs with the department that the person recommended
  1   20   is qualified and suitable to represent the department, the
  1   21   person recommended shall be employed. If the attorney general
  1   22   does not concur in the recommendation, the department shall
  1   23   submit a new recommendation pursuant to chapter 23B. This
  1   24   section does not affect the general counsel for the utilities
  1   25   board of the department of commerce, the legal counsel of the
  1   26   department of workforce development, or the general counsel for
  1   27   the property assessment appeal board.
  1   28      Sec. 2. NEW SECTION. 23B.1 Citation.
  1   29      This chapter may be known and cited as the "Transparency in
  1   30   Private Attorney Contracts Act".
  1   31      Sec. 3. NEW SECTION. 23B.2 Definitions.
  1   32      For the purposes of this chapter:
  1   33      1. "Government attorney" means an attorney employed by the
  1   34   state as a staff attorney in the attorney general's office.
  1   35      2. "Private attorney" means any private attorney or law
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House File 166 - Introduced continued

  2    1   firm.
  2    2      3. "State" means the state of Iowa and includes state
  2    3   officers, departments, boards, commissions, divisions, bureaus,
  2    4   councils, and units of organization, however designated, of the
  2    5   executive branch of state government, and any of its agents.
  2    6      Sec. 4. NEW SECTION. 23B.3 Contracts for legal services.
  2    7      1. The state shall not enter into a contingency fee contract
  2    8   with a private attorney unless the attorney general makes a
  2    9   written determination prior to entering into such a contract
  2   10   that contingency fee representation is both cost=effective
  2   11   and in the public interest. Any written determination shall
  2   12   include specific findings for each of the following factors:
  2   13      a. Whether sufficient and appropriate legal and financial
  2   14   resources exist within the attorney general's office to handle
  2   15   the matter.
  2   16      b. The time and labor required, the novelty, complexity, and
  2   17   difficulty of the questions involved, and the skill required to
  2   18   perform the attorney services properly.
  2   19      c. The geographic area where the attorney services are to
  2   20   be provided.
  2   21      d. The amount of experience desired for the particular
  2   22   kind of attorney services to be provided and the nature of the
  2   23   private attorney's experience with similar issues or cases.
  2   24      2. If the attorney general makes the determination
  2   25   described in subsection 1, the attorney general shall issue a
  2   26   request for proposals from private attorneys to represent the
  2   27   department of justice on a contingency fee basis, unless the
  2   28   attorney general determines that requesting proposals is not
  2   29   feasible under the circumstances and sets forth the basis for
  2   30   this determination in writing.
  2   31      3. a. The state shall not enter into a contingency fee
  2   32   contract that provides for a private attorney to receive
  2   33   an aggregate contingency fee in excess of the sum of the
  2   34   following:
  2   35      (1) Twenty=five percent of any recovery up to and including
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House File 166 - Introduced continued

  3    1   ten million dollars.
  3    2      (2) Twenty percent of any portion of any recovery that
  3    3   exceeds ten million dollars up to and including fifteen million
  3    4   dollars.
  3    5      (3) Fifteen percent of any portion of any recovery that
  3    6   exceeds fifteen million dollars up to and including twenty
  3    7   million dollars.
  3    8      (4) Ten percent of any portion of any recovery that exceeds
  3    9   twenty million dollars up to and including twenty=five million
  3   10   dollars.
  3   11      (5) Five percent of any portion of any recovery that exceeds
  3   12   twenty=five million dollars.
  3   13      b. The aggregate contingency fee of any recovery shall not
  3   14   exceed fifty million dollars, exclusive of reasonable costs and
  3   15   expenses, and regardless of the number of lawsuits filed or the
  3   16   number of private attorneys retained to achieve the recovery.
  3   17      4. The attorney general shall develop a standard addendum to
  3   18   every contract for contingent fee attorney services that shall
  3   19   be used in all cases, describing in detail what is expected of
  3   20   both the contracted private attorney and the state, including,
  3   21   without limitation, all of the following requirements:
  3   22      a. A government attorney shall retain complete control over
  3   23   the course and conduct of the case.
  3   24      b. A government attorney with supervisory authority shall be
  3   25   personally involved in overseeing the litigation.
  3   26      c. A government attorney shall retain veto power over any
  3   27   decisions made by the contracted private attorney.
  3   28      d. A defendant that is the subject of such litigation may
  3   29   contact the lead government attorney directly, without having
  3   30   to confer with the contracted private attorney.
  3   31      e. Decisions regarding settlement of the case shall be
  3   32   reserved exclusively to the discretion of the government
  3   33   attorney and the state.
  3   34      5. Copies of any executed contingency fee contract as
  3   35   well as the attorney general's written determination to
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House File 166 - Introduced continued

  4    1   enter into a contingency fee contract with a private attorney
  4    2   shall be posted on the attorney general's website for public
  4    3   inspection within five business days after the date the
  4    4   contract is executed and shall remain posted on the website for
  4    5   the duration of the contingency fee contract, including any
  4    6   extensions or amendments thereto. Any payment of contingency
  4    7   fees shall be posted on the attorney general's website within
  4    8   fifteen days after the payment of such contingency fees to the
  4    9   private attorney and shall remain posted on the website for at
  4   10   least one year thereafter.
  4   11      6. Any private attorney under contract to provide services
  4   12   to the state on a contingency fee basis shall, from the
  4   13   inception of the contract until at least four years after
  4   14   the contract expires or is terminated, maintain detailed
  4   15   current records, including documentation of all expenses,
  4   16   disbursements, charges, credits, underlying receipts and
  4   17   invoices, and other financial transactions that concern the
  4   18   provision of such attorney services. The private attorney
  4   19   shall make all such records available for inspection and
  4   20   copying upon request in accordance with chapter 22. In
  4   21   addition, the private attorney shall maintain detailed
  4   22   contemporaneous time records for the attorneys and paralegals
  4   23   working on the matter in increments of no greater than
  4   24   one=tenth of an hour and shall promptly provide these records
  4   25   to the attorney general, upon request.
  4   26      7. The attorney general shall submit a report to the
  4   27   secretary of the senate and the chief clerk of the house of
  4   28   representatives describing the use of contingency fee contracts
  4   29   with private attorneys in the preceding calendar year by
  4   30   February 1 of each year. At a minimum, the report shall
  4   31   include all of the following information:
  4   32      a. Identify all new contingency fee contracts entered into
  4   33   during the year and all previously executed contingency fee
  4   34   contracts that remain current during any part of the year, and
  4   35   for each contract describe:
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House File 166 - Introduced continued

  5    1      (1) The name of the private attorney with whom the state has
  5    2   contracted, including the name of the attorney's law firm.
  5    3      (2) The nature and status of the legal matter.
  5    4      (3) The name of the parties to the legal matter.
  5    5      (4) The amount of any recovery.
  5    6      (5) The amount of any contingency fee paid.
  5    7      b. Copies of any written determinations made under
  5    8   subsection 1 or 2 during the year.
  5    9      Sec. 5. NEW SECTION. 23B.4 No expansion of authority to
  5   10   contract.
  5   11      This chapter shall not be construed to expand the authority
  5   12   of a state agency or state agent to enter into contracts where
  5   13   no such authority previously existed.
  5   14      Sec. 6. NEW SECTION. 23B.5 Chapter inapplicable.
  5   15      This chapter shall not apply to legal services contracts
  5   16   under chapter 13B.
  5   17                             EXPLANATION
  5   18      This bill creates the transparency in private attorney
  5   19   contracts Act in new Code chapter 23B to address the procedure
  5   20   for retention of a private attorney by this state defined to
  5   21   include state officers, departments, boards, commissions,
  5   22   divisions, bureaus, councils, and units of organization,
  5   23   however designated, of the executive branch of state
  5   24   government, and any of its agents.
  5   25      The bill specifies a procedure for the state's retention of a
  5   26   private attorney on a contingency fee basis. The bill requires
  5   27   the attorney general to analyze certain factors and make a
  5   28   written determination that the contingency fee representation
  5   29   will be both cost=effective and in the public interest prior
  5   30   to entering into a contract and prior to issuing a request
  5   31   for proposals from private attorneys or making a written
  5   32   determination that such a request is not feasible under the
  5   33   circumstances.
  5   34      All contingency fees in the bill are subject to tiered
  5   35   limits and an aggregate cap of $50 million, exclusive of
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House File 166 - Introduced continued

  6    1   reasonable costs and expenses (25 percent of any recovery up
  6    2   to and including $10 million; plus 20 percent of the next
  6    3   $5 million in recoveries; plus 15 percent of the next $5
  6    4   million in recoveries; plus 10 percent of the next $5 million
  6    5   in recoveries; plus 5 percent of any portion of the recovery
  6    6   that exceeds $25 million). All contingency fee contracts
  6    7   must include certain standard provisions to help assure
  6    8   that government attorneys retain absolute control over the
  6    9   litigation. The bill requires the contingency fee contract,
  6   10   payments made under the contract, and the attorney general's
  6   11   written determination about the need for contingency fee
  6   12   representation to be posted on the attorney general's website.
  6   13   Other records relating to the contract are subject to Code
  6   14   chapter 22 (Iowa's open records law). The contracted private
  6   15   attorneys and paralegals are required to maintain detailed
  6   16   contemporaneous time records for presentation to the attorney
  6   17   general upon request. The attorney general is required to
  6   18   submit an annual report to the secretary of the senate and the
  6   19   chief clerk of the house of representatives that describes the
  6   20   state's retention of private attorneys on a contingency fee
  6   21   basis in the preceding calendar year.
  6   22      The bill does not expand the state's authority to enter into
  6   23   contracts where no such authority previously existed.
  6   24      The bill provides that this new Code chapter does not apply
  6   25   to legal services contracts under Code chapter 13B relating to
  6   26   public defenders.
  6   27      The bill amends Code section 13.7, the current Code section
  6   28   relating to the retention of private counsel by executive
  6   29   branch departments and by the attorney general, to specify that
  6   30   the procedures in new Code chapter 23B apply.
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HF 167




House File 167 - Introduced


                                        HOUSE FILE
                                        BY DOLECHECK and SCHULTZ

                                              A BILL FOR

         1 An Act relating to independent accreditation of nonpublic
         2    schools.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 167 - Introduced continued

PAG LIN



  1    1      Section 1. Section 256.11, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 16. a. Notwithstanding subsections
  1    4   1 through 12, a nonpublic school may be accredited by an
  1    5   approved independent accrediting agency instead of by the state
  1    6   board as provided in this subsection. The state board shall
  1    7   maintain a list of approved independent accrediting agencies
  1    8   comprised of at least six regional or national nonprofit,
  1    9   nongovernmental agencies recognized in the education community
  1   10   as reliable authorities concerning the quality of education
  1   11   offered by a school and shall publish the list of independent
  1   12   accrediting agencies on the department's internet site. The
  1   13   list shall include the north central association commission on
  1   14   accreditation and school improvement, the independent schools
  1   15   association of the central states, the association of christian
  1   16   schools international, christian schools international, and
  1   17   the national accreditation commission of the lutheran church
  1   18   ==== Missouri synod.
  1   19      b. A nonpublic school that participates in the accreditation
  1   20   process offered by an independent accrediting agency on
  1   21   the approved list published pursuant to paragraph "a" shall
  1   22   be deemed to meet the education standards of this section.
  1   23   However, such a school shall comply with statutory health and
  1   24   safety requirements for school facilities.
  1   25      c. If the state board takes preliminary action to remove
  1   26   an agency from the approved list published on the department's
  1   27   internet site pursuant to paragraph "a", the department
  1   28   shall, at least one year prior to removing the agency from
  1   29   the approved list, notify the nonpublic schools participating
  1   30   in the accreditation process offered by the agency of the
  1   31   state board's intent to remove the accrediting agency from
  1   32   its approved list of independent accrediting agencies. The
  1   33   notice shall also be posted on the department's internet site
  1   34   and shall contain the proposed date of removal. The nonpublic
  1   35   school shall attain accreditation under this subsection or
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House File 167 - Introduced continued

  2    1   subsections 1 through 12 not later than one year following the
  2    2   date on which the state board removes the agency from its list
  2    3   of independent accrediting agencies.
  2    4                             EXPLANATION
  2    5      This bill establishes an alternative to the accreditation of
  2    6   nonpublic schools by the state board of education by requiring
  2    7   the state board to maintain a list of approved independent
  2    8   accrediting agencies comprised of at least six regional or
  2    9   national nonprofit, nongovernmental agencies recognized in the
  2   10   education community as reliable authorities concerning the
  2   11   quality of education offered by a school, and to publish the
  2   12   list of independent accrediting agencies on the department's
  2   13   internet site. A nonpublic school that participates in the
  2   14   accreditation process offered by an independent accrediting
  2   15   agency on the list published by the state board shall be
  2   16   deemed to meet the education standards of Code section 256.11.
  2   17   However, such a school shall comply with statutory health and
  2   18   safety requirements for school facilities.
  2   19      The list shall include the north central association
  2   20   commission on accreditation and school improvement, the
  2   21   independent schools association of the central states, the
  2   22   association of christian schools international, christian
  2   23   schools international, and the national accreditation
  2   24   commission of the lutheran church ==== Missouri synod.
  2   25      If the state board takes preliminary action to remove an
  2   26   agency from its list of approved independent accrediting
  2   27   agencies, the department shall notify the nonpublic schools
  2   28   accredited through the alternative process of the state board's
  2   29   intent to remove the independent accrediting agency from its
  2   30   approved list at least one year prior to removing the agency
  2   31   from the approved list, and the nonpublic school shall attain
  2   32   accreditation not later than one year following the date on
  2   33   which the state board removes the agency from its approved list
  2   34   of independent accrediting agencies.
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HF 168




House File 168 - Introduced


                                        HOUSE FILE
                                        BY LOFGREN

                                              A BILL FOR

         1 An Act authorizing school districts to utilize the services of
         2    volunteers.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. NEW SECTION. 279.68 Volunteers authorized.
  1    2      A school district is authorized to utilize the services of
  1    3   volunteers throughout the district to assist licensed teachers
  1    4   and other school employees in the performance of their duties.
  1    5   For the purposes of this section, "volunteer" means a person
  1    6   receiving no wage, benefit, or other compensation in return for
  1    7   the person's time or effort.
  1    8                             EXPLANATION
  1    9      This bill authorizes school districts to utilize the
  1   10   services of volunteers throughout the district to assist
  1   11   licensed teachers and other school employees in the performance
  1   12   of their duties. The bill provides a definition for
  1   13   "volunteer".
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HF 169




House File 169 - Introduced


                                        HOUSE FILE
                                        BY WATTS

                                              A BILL FOR

         1 An Act relating to zoning restrictions applicable to the
         2    location of a winery within the limits of a city.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. NEW SECTION. 414.33 Wineries.
  1    2      A winery issued a native wine permit pursuant to chapter 123
  1    3   shall be allowed in any district identified in a city zoning
  1    4   ordinance as having agricultural or horticultural activities
  1    5   as a permitted use, or on any tract of land located within the
  1    6   city if such land is assessed for agricultural or horticultural
  1    7   purposes.
  1    8                             EXPLANATION
  1    9      This bill provides that a winery issued a native wine permit
  1   10   pursuant to Code chapter 123 shall be allowed within a city
  1   11   in any district identified in the city's zoning ordinance
  1   12   as having as a permitted use agricultural or horticultural
  1   13   activities, or on any tract of land within the city if the land
  1   14   is assessed for agricultural or horticultural purposes.
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HF 170




House File 170 - Introduced


                                        HOUSE FILE
                                        BY JORGENSEN

                                              A BILL FOR

         1 An Act establishing a one=week waiting period prior to the
         2    receipt of unemployment compensation benefits and including
         3    effective date and applicability provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 96.4, Code 2011, is amended by adding the
  1    2   following new subsection:
  1    3      NEW SUBSECTION. 8. a. The individual has satisfied a
  1    4   one=week waiting period during the individual's benefit year.
  1    5   To satisfy the waiting period, the individual, with respect to
  1    6   the week in question:
  1    7      (1) Must be unemployed.
  1    8      (2) Must have filed a claim for benefits in accordance with
  1    9   the provisions of section 96.6, subsection 1.
  1   10      (3) Must be eligible for benefits from this state. However,
  1   11   during the one=week waiting period, the individual must not
  1   12   have received benefits from this state or any other state, and
  1   13   must not be eligible for benefits from any other state.
  1   14      b. If the individual has satisfied the one=week waiting
  1   15   period and the department finds the individual is eligible
  1   16   for benefits for the week subsequent to the one=week waiting
  1   17   period, the individual shall then be paid benefits for the
  1   18   one=week waiting period provided the individual meets all other
  1   19   eligibility requirements of this section.
  1   20      Sec. 2. EFFECTIVE DATE. This Act takes effect July 3, 2011.
  1   21      Sec. 3. APPLICABILITY. This Act applies to unemployment
  1   22   compensation benefit claims with an effective date on or after
  1   23   July 3, 2011.
  1   24                             EXPLANATION
  1   25      This bill requires an individual to satisfy a one=week
  1   26   waiting period during the individual's benefit year in order
  1   27   to receive unemployment compensation benefits. The bill
  1   28   requires that, regarding the week in question, the individual
  1   29   must be unemployed, must have filed a claim for benefits in
  1   30   accordance with Code section 96.6(1), and must be eligible
  1   31   for benefits in the state of Iowa. The bill requires that
  1   32   the individual, regarding the week in question, must not have
  1   33   received unemployment compensation benefits from the state of
  1   34   Iowa or any other state, and must not have been eligible to
  1   35   receive benefits from any other state. The bill also provides
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House File 170 - Introduced continued

  2   1   that the individual will be eligible to receive benefits for
  2   2   the one=week waiting period, provided that the department of
  2   3   workforce development finds, for the week immediately following
  2   4   the one=week waiting period, that the individual satisfied all
  2   5   other requirements of Code section 96.4.
  2   6      The bill is effective July 3, 2011, and applies to
  2   7   unemployment compensation benefit claims effective on or after
  2   8   July 3, 2011.
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HF 171




House File 171 - Introduced


                                        HOUSE FILE
                                        BY HORBACH

                                              A BILL FOR

         1 An Act repealing requirements relating to the aggregate ratio
         2    in the number of executive branch employees per supervisory
         3    employee in executive branch agencies and including
         4    effective date provisions.
         5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 8A.402, subsection 2, paragraph g, Code
  1    2   2011, is amended to read as follows:
  1    3      g. (1) (a) Consult with the department of management
  1    4   and discuss and collaborate with executive branch agencies to
  1    5   implement and maintain a policy for incrementally increasing
  1    6   the aggregate ratio in the number of employees per supervisory
  1    7   employee in executive branch agencies. For purposes of
  1    8   determining the effects of the policy on the state employee
  1    9   workforce, the base date of July 1, 2008, shall be used and
  1   10   the target date for full implementation shall be July 1, 2011.
  1   11   The target aggregate ratio of supervisory employees to other
  1   12   employees shall be as follows:
  1   13      (i) For the fiscal year beginning July 1, 2010, one to
  1   14   fourteen.
  1   15      (ii) For the fiscal year beginning July 1, 2011, one to
  1   16   fifteen.
  1   17      (b) For the purposes of this paragraph "g", "supervisory
  1   18   employee" means a public employee who is not a member of a
  1   19   collective bargaining unit and who has authority, in the
  1   20   interest of a public employer, to hire, transfer, suspend, lay
  1   21   off, recall, promote, discharge, assign, reward, or discipline
  1   22   other public employees, to direct such public employees, or
  1   23   to adjust the grievances of such public employees, or to
  1   24   effectively recommend any such action.
  1   25      (c) In this paragraph "g", executive branch agencies, except
  1   26   the department of public safety, shall not grant a supervisory
  1   27   employee with the right to replace or bump a junior employee
  1   28   not being laid off for a position for which the supervisory
  1   29   employee is qualified.
  1   30      (d) The policy shall allow appropriation units with
  1   31   twenty=eight or fewer full=time equivalent employee positions
  1   32   to apply for an exception to the policy through the executive
  1   33   council. The policy shall allow for exceptions when
  1   34   the supervisory employee ratio is mandated by a federal
  1   35   requirement.
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House File 171 - Introduced continued

  2    1      (e) (i) Beginning July 1, 2011, the policy shall allow
  2    2   a director of an executive branch agency who believes that
  2    3   the agency will not be able to reach the applicable target
  2    4   aggregate ratio to apply for a waiver of that requirement
  2    5   through a five=person review board. In applying for a waiver,
  2    6   the director shall provide detailed documentation to the board
  2    7   describing the efforts that the executive branch agency has
  2    8   made in attempting to meet the applicable target aggregate
  2    9   ratio provided in this paragraph "g". The review board shall
  2   10   consist of the director of the department of management or
  2   11   a designee of the director, three agency directors or the
  2   12   designees of those directors as designated by the governor,
  2   13   and one public member selected by the employee organization
  2   14   representing the greatest number of executive branch employees.
  2   15   However, if a department represented on the review board seeks
  2   16   a waiver, the member representing the department shall not
  2   17   participate in the decision on whether to grant a waiver for
  2   18   that department.
  2   19      (ii) Prior to determining whether to grant a waiver, the
  2   20   review board shall make an initial determination of whether the
  2   21   executive branch agency has provided sufficient information
  2   22   to conduct a review. If not, the review board shall deny
  2   23   the request and notify the executive branch agency of the
  2   24   information needed to consider the request for waiver. If a
  2   25   waiver is granted, the review board shall limit the waiver to
  2   26   only those operations within an executive branch agency in
  2   27   which adequate justification for granting a waiver has been
  2   28   established.
  2   29      (f) The policy shall provide that if layoffs are
  2   30   implemented, the number of middle management position layoffs
  2   31   shall correspond to the relative number of direct service
  2   32   position layoffs.
  2   33      (g) The policy shall improve on the system in effect as
  2   34   of the base date by specifically defining and accounting for
  2   35   supervisory employee span of control.
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House File 171 - Introduced continued

  3    1      (h) The policy shall provide that in calculating the span
  3    2   of control ratio for an executive branch agency, unfunded
  3    3   full=time equivalent positions shall not be utilized.
  3    4      (i) The department shall present an interim report to the
  3    5   governor and general assembly on or before April 1, 2010,
  3    6   annual updates on or before April 1 subsequently, and a final
  3    7   report on or before April 1, 2012, detailing the effects of
  3    8   the policy on the composition of the workforce, cost savings,
  3    9   government efficiency, and outcomes.
  3   10      (j) The policy developed pursuant to this paragraph "g"
  3   11    shall not encompass employees under the state board of regents.
  3   12      (2) Evaluate the state's systems for job classification of
  3   13   executive branch employees in order to ensure the existence
  3   14   of technical skill=based career paths for such employees
  3   15   which do not depend upon an employee gaining supervisory
  3   16   responsibility for advancement, and which provide incentives
  3   17   for such employees to broaden their knowledge and skill base.
  3   18   The evaluation shall include but is not limited to a review of
  3   19   the classifications for all positions and providing options
  3   20   for eliminating obsolete, duplicative, or unnecessary job
  3   21   classifications. The department shall present interim reports
  3   22   to the general assembly on or before January 15, 2010, and
  3   23   January 14, 2011, concerning the department's progress in
  3   24   completing the evaluation and associated outcomes.
  3   25      Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
  3   26   immediate importance, takes effect upon enactment.
  3   27                             EXPLANATION
  3   28      This bill amends Code section 8A.402, relating to the
  3   29   responsibilities of the department of administrative services
  3   30   involving state human resource management by repealing
  3   31   requirements for increasing the aggregate ratio in the number
  3   32   of executive branch employees per supervisory employee in
  3   33   executive branch agencies. The affected provision provides,
  3   34   with certain exceptions and exclusions, for increasing that
  3   35   ratio to fifteen to one by fiscal year 2011=2012.
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House File 171 - Introduced continued

  4   1 The bill takes effect upon enactment.
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HF 172




House File 172 - Introduced


                                        HOUSE FILE
                                        BY LUKAN

                                              A BILL FOR

         1 An Act authorizing the issuance of special senior shotgun
         2    season deer hunting licenses.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 172 - Introduced continued

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  1    1      Section 1. NEW SECTION. 483A.8D Senior shotgun season deer
  1    2   hunting licenses.
  1    3      1. A person who is a resident and is sixty=five years of age
  1    4   or older may be issued one special senior statewide antlered or
  1    5   any sex deer hunting license which is valid and may be used to
  1    6   hunt deer with a shotgun during any established shotgun deer
  1    7   hunting season.
  1    8      2. A person who obtains a license to hunt deer under this
  1    9   section shall purchase a deer hunting license and a hunting
  1   10   license, be otherwise qualified to hunt, pay the wildlife
  1   11   habitat fee, and pay a one dollar fee that shall be used
  1   12   and is appropriated for the purpose of deer herd population
  1   13   management, including assisting with the cost of processing
  1   14   deer donated to the help us stop hunger program administered
  1   15   by the commission.
  1   16      3. A person may obtain a deer hunting license under this
  1   17   section in addition to any other deer hunting licenses for
  1   18   which the person is eligible.
  1   19      4. Season dates, shooting hours, limits, license quotas,
  1   20   and other regulations for a license obtained under this section
  1   21   shall be the same as set forth by the commission by rule for
  1   22   shotgun season deer hunts.
  1   23                              EXPLANATION
  1   24      This bill authorizes the natural resource commission to
  1   25   issue a special senior statewide antlered or any sex shotgun
  1   26   season deer hunting license to a resident who is 65 years of
  1   27   age or older. The special license is valid and may be used to
  1   28   hunt deer with a shotgun during any established shotgun deer
  1   29   hunting season.
  1   30      A person who obtains the special license must purchase a deer
  1   31   hunting license and a hunting license, be otherwise qualified
  1   32   to hunt, and pay the wildlife habitat fee and the $1 fee for the
  1   33   purpose of deer herd population management.
  1   34      A person may obtain a special license in addition to any
  1   35   other deer hunting license for which the person is eligible.
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House File 172 - Introduced continued

  2   1 Regulations for use of the license are the same as for shotgun
  2   2 season deer hunts.
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HF 173




House File 173 - Introduced


                                        HOUSE FILE
                                        BY SCHULTE

                                              A BILL FOR

         1 An Act restricting the use of restraints on a pregnant prisoner
         2    in labor.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 173 - Introduced continued

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  1    1      Section 1. NEW SECTION. 904.321 Pregnant inmate ====
  1    2   restraints.
  1    3      1. As used in this section unless the context otherwise
  1    4   requires:
  1    5      a. "Department" means the department of corrections, a
  1    6   municipal or county jail, a secure facility for the detention
  1    7   and custody of juveniles, or a judicial district department of
  1    8   correctional services.
  1    9      b. "Director" means the director of the department of
  1   10   corrections or a judicial district department of correctional
  1   11   services, a county sheriff, the officer in charge of a
  1   12   municipal jail, or the superintendent of a secure facility for
  1   13   the detention and custody of juveniles.
  1   14      2. a. The department shall not use restraints to control
  1   15   the movement of a pregnant inmate at any time while the inmate
  1   16   is in labor, delivery, or recovering from delivery, unless
  1   17   the director or the director's designee determines the use
  1   18   of restraints is necessary under either of the following
  1   19   circumstances:
  1   20      (1) The safety of the inmate, infant, department personnel,
  1   21   medical personnel, or a member of the public is at risk.
  1   22      (2) The inmate is a substantial risk to escape.
  1   23      b. If a determination is made to use restraints under
  1   24   paragraph "a", the type of restraint used shall be the least
  1   25   restrictive restraint used by the department.
  1   26                             EXPLANATION
  1   27      This bill relates to the use of restraints on a pregnant
  1   28   inmate.
  1   29      The bill prohibits the department of corrections, a
  1   30   municipal or county jail, a secure facility for the detention
  1   31   and custody of juveniles, or a judicial district department
  1   32   of correctional services from using restraints to control the
  1   33   movement of a pregnant inmate at any time while the inmate is
  1   34   in labor, delivery, or recovering from delivery.
  1   35      The bill permits the director of the facility or the
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House File 173 - Introduced continued

  2 1 director's designee to order the use of restraints on a
  2 2 pregnant inmate in labor if the director or director's
  2 3 designee determines there is a safety issue or the inmate is a
  2 4 substantial risk to escape. If a determination is made to use
  2 5 restraints on a pregnant inmate, the bill requires the facility
  2 6 to use the least restrictive restraint.
  2 7     The bill defines "director" to mean the director of the
  2 8 department of corrections or a judicial district department of
  2 9 correctional services, a county sheriff, the officer in charge
  2 10 of a municipal jail, or the superintendent of a secure facility
  2 11 for the detention and custody of juveniles.
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HF 174




House File 174 - Introduced


                                        HOUSE FILE
                                        BY SCHULTE

                                              A BILL FOR

         1 An Act revising requirements for family support programs
         2    provided under the school ready children grant program and
         3    including effective and applicability date provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 174 - Introduced continued

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  1    1      Section 1. Section 256I.9, subsection 3, paragraph b, Code
  1    2   2011, is amended to read as follows:
  1    3      b. Family support services and parent education programs
  1    4   promoted to parents of children from zero through age five.
  1    5   Family support services shall include but are not limited to
  1    6   home visitation. Of the funding from all sources that an area
  1    7   board designates for family support programs, at least sixty
  1    8   percent shall be committed to programs with a home visitation
  1    9   component.
  1   10      Sec. 2. EFFECTIVE UPON ENACTMENT AND RETROACTIVE
  1   11   APPLICABILITY. This Act, being deemed of immediate importance,
  1   12   takes effect upon enactment and applies retroactively to July
  1   13   1, 2010.
  1   14                             EXPLANATION
  1   15      This bill eliminates a requirement in Code section 256I.9
  1   16   for family support programs provided under the school ready
  1   17   children grant program implemented by early childhood Iowa
  1   18   areas. The requirement provides that of the funding from
  1   19   all sources that an area board designates for family support
  1   20   programs, at least 60 percent shall be committed to programs
  1   21   with a home visitation component.
  1   22      The bill takes effect upon enactment and is retroactively
  1   23   applicable to July 1, 2010.
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HF 175




House File 175 - Introduced


                                        HOUSE FILE
                                        BY DEYOE

                                              A BILL FOR

         1 An Act to repeal the excise tax on the handling of grain.
         2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 445.3, unnumbered paragraph 2, Code
  1    2   2011, is amended to read as follows:
  1    3      The commencement of actions for ad valorem taxes authorized
  1    4   under this section shall not begin until the issuance of a tax
  1    5   sale certificate under the requirements of section 446.19.
  1    6   The commencement of actions for all other taxes authorized
  1    7   under this section shall not begin until ten days after the
  1    8   publication of tax sale under the requirements of section
  1    9   446.9, subsection 2. This paragraph does not apply to the
  1   10   collection of ad valorem taxes under section 445.32, and grain
  1   11   handling taxes under section 428.35.
  1   12      Sec. 2. REPEAL. Section 428.35, Code 2011, is repealed.
  1   13      Sec. 3. IMPLEMENTATION. Section 25B.7 does not apply to the
  1   14   provisions of this Act.
  1   15                             EXPLANATION
  1   16      This bill repeals the grain handling excise tax of
  1   17   one=fourth mill per bushel upon all grain handled. For
  1   18   purposes of the tax, "handling or handled" means the receiving
  1   19   of grain at or in each elevator, warehouse, mill, processing
  1   20   plant, or other facility in this state in which it is received
  1   21    for storage, accumulation, sale, processing, or for any purpose
  1   22   whatsoever. In addition, "grain" means wheat, corn, barley,
  1   23   oats, rye, flaxseed, field peas, soybeans, grain sorghums,
  1   24   spelts, and such other products as are usually stored in grain
  1   25   elevators.
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HF 176




House File 176 - Introduced


                                        HOUSE FILE
                                        BY GRASSLEY

                                              A BILL FOR

         1 An Act relating to the implementation of federal law or policy
         2    by state administrative agencies.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 176 - Introduced continued

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  1    1      Section 1. NEW SECTION. 7E.8 Implementation of federal law
  1    2   or policy.
  1    3      1. Except as otherwise explicitly established by state law,
  1    4   a state administrative agency charged with the implementation
  1    5   of federal law or policy shall not exceed the specific
  1    6   requirements of that law or policy.
  1    7      2. Any state administrative agency rule or policy that is in
  1    8   violation of subsection 1 is void.
  1    9                             EXPLANATION
  1   10      This bill provides that state implementation of federal law
  1   11   or policy by a state administrative agency shall not exceed
  1   12   the specific requirements of the federal law or policy, except
  1   13   as specifically allowed by state law. Any rule or policy in
  1   14   violation of this requirement is void.
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HF 177




House File 177 - Introduced


                                        HOUSE FILE
                                        BY WAGNER

                                              A BILL FOR

         1 An Act providing for the recall of elected officials of
         2    political subdivisions and providing a penalty.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. NEW SECTION. 66A.1 Officers subject to recall.
  1    2      1. Any elective public officer of a political subdivision in
  1    3   this state is subject to recall from office by the electors of
  1    4   the political subdivision from which the officer was elected.
  1    5   The eligible electors of a political subdivision may petition
  1    6   for the recall of the elective officer by filing a petition
  1    7   with the county commissioner of elections demanding the recall
  1    8   of the officer.
  1    9      2. A public officer who is appointed to an elective office
  1   10   is subject to recall in the same manner as provided for an
  1   11   officer who is elected to that office.
  1   12      3. An officer shall not be recalled for performing a duty
  1   13   or obligation of the office to which the officer was elected,
  1   14   which duty or obligation is imposed by law, nor for failure to
  1   15   perform any act that if performed would subject the officer to
  1   16   prosecution.
  1   17      4. For purposes of this chapter, "political subdivision"
  1   18   means a county, township, school corporation, city, or any
  1   19   local board or commission whose officers are elected by the
  1   20   people.
  1   21      Sec. 2. NEW SECTION. 66A.2 Petition for recall ==== persons
  1   22   qualified to petition ==== penalty.
  1   23      1. Any eligible elector of a political subdivision of this
  1   24   state may sign a petition for recall of an officer elected
  1   25   from that political subdivision. However, if the political
  1   26   subdivision from which the officer is elected is divided into
  1   27   election districts, the eligible elector signing the petition
  1   28   must be an eligible elector of that election district from
  1   29   which the officer was elected.
  1   30      2. A person signing a name other than that person's own to
  1   31   a petition for recall or who knowingly signs the same petition
  1   32   for recall more than once or who is not an eligible elector
  1   33   at the time of signing a petition for recall is guilty of a
  1   34   serious misdemeanor.
  1   35      Sec. 3. NEW SECTION. 66A.3 Petition for recall ==== contents,
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House File 177 - Introduced continued

  2    1   requirements, limitations.
  2    2      1. A petition for recall must contain the following:
  2    3      a. The signatures of eligible electors of the political
  2    4   subdivision or election district affected by the recall equal
  2    5   to at least twenty percent of the total votes cast in the last
  2    6   preceding election for the office affected by the recall, but
  2    7   in no case shall a petition for recall contain fewer than
  2    8   fifty signatures. The county commissioner shall determine
  2    9   and certify to any interested person the number of signatures
  2   10   required on a petition for recall for that office.
  2   11      b. The residence address of each person signing the
  2   12   petition, and the date the petition was signed by that person.
  2   13      c. A statement, in two hundred words or less, detailing the
  2   14   reason for recall of the officer.
  2   15      2. a. A petition for recall shall be eight and one=half
  2   16   by eleven inches in size and shall be in substantially the
  2   17   following form:
  2   18      WARNING
  2   19   A person signing a name other than the person's own name to
  2   20   a petition or who knowingly signs the person's name to this
  2   21   petition more than once or who is not an eligible elector at
  2   22   the time the signature is affixed to this petition is guilty of
  2   23   a serious misdemeanor.
  2   24      RECALL PETITION
  2   25   We, the undersigned eligible electors of (name of applicable
  2   26   political subdivision or election district) respectfully
  2   27   petition that an election be held as provided by law on the
  2   28   question of whether (officer's name), holding the office of
  2   29   ___________, should be recalled for the following reasons:
  2   30   (Setting out the statement of the reason for recall in not
  2   31   more than two hundred words). By affixing the signature, each
  2   32   signer certifies the following: I have personally signed this
  2   33   petition; I am an eligible elector of the state of Iowa and
  2   34   (appropriate political subdivision or election district); and
  2   35   my residence address is correctly written after my name to the
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House File 177 - Introduced continued

  3    1   best of my knowledge and belief.
  3    2      b. Numbered lines shall follow the heading. Each numbered
  3    3   line shall contain spaces for the signature, signer's residence
  3    4   address, and the date of the signature.
  3    5      c. Each separate page of a petition for recall shall contain
  3    6   the warning in paragraph "a".
  3    7      d. When a petition contains more than one page, the pages
  3    8   shall be neatly arranged and securely fastened together before
  3    9   filing.
  3   10      3. a. A petition for recall shall not name more than one
  3   11   officer to be recalled.
  3   12      b. A person shall not be recalled within the first one
  3   13   hundred eighty days after the person takes the oath of
  3   14   office or within one hundred eighty days from the date of the
  3   15   general, regular city, or regular school election, whichever
  3   16   is applicable, at which the office is to be filled by the
  3   17   registered voters.
  3   18      c. A petition for recall shall not be filed against an
  3   19   officer for whom a recall election has been held within a
  3   20   period of two years during a term of office.
  3   21      Sec. 4. NEW SECTION. 66A.4 Filing of petition for recall.
  3   22      1. a. The petition for recall shall be filed with the
  3   23   county commissioner.
  3   24      b. When filing a petition for recall, an affidavit in
  3   25   substantially the following form shall be attached to the
  3   26   petition:
  3   27   I, (name of person filing petition), being duly sworn, say
  3   28   that I circulated or assisted in circulating the petition to
  3   29   which this affidavit is attached, and I believe the signatures
  3   30   affixed to the petition are genuine, and are the signatures
  3   31   of the persons whose names they purport to be, and that the
  3   32   signers were aware of the contents of the petition before
  3   33   signing the petition.
  3   34   ___________________________________
  3   35    (Signed)
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House File 177 - Introduced continued

  4    1    Subscribed and sworn to before me by _________, on the _____day
  4    2    of ________, 20__
  4    3    ___________________________________
  4    4    (Name)
  4    5    ___________________________________
  4    6    (Official title)
  4    7      2. After a petition for recall has been filed, it shall not
  4    8   be returned to the person who filed the petition, nor shall
  4    9   any signature or other information be added to the petition
  4   10   for recall. If a signature on a petition sheet is crossed out
  4   11   by the petitioner before the sheet is offered for filing, the
  4   12   elimination of the signature does not affect the validity of
  4   13   other signatures on the petition sheet.
  4   14      Sec. 5. NEW SECTION. 66A.5 Verification of petition.
  4   15      Upon the filing of a petition for recall, the county
  4   16   commissioner shall verify whether the petition has been signed
  4   17   by the required number of eligible electors as specified in
  4   18   section 66A.3. If the petition for recall does not contain the
  4   19   required number of signatures, the county commissioner shall
  4   20   notify the person filing the petition that the petition is not
  4   21   valid.
  4   22      Sec. 6. NEW SECTION. 66A.6 Notification to officer ====
  4   23   statement of justification.
  4   24      Upon the filing of the petition for recall meeting the
  4   25   requirements of this chapter, the county commissioner shall
  4   26   immediately send written notice to the officer named in the
  4   27   petition. The notice shall state that a petition for recall
  4   28   of the officer has been filed, shall include a copy of the
  4   29   statement of the reason for recall as printed on the petition,
  4   30   and shall inform the officer that the officer may have printed
  4   31   on the special election ballot a statement of justification in
  4   32   not more than two hundred words stating why the officer should
  4   33   not be recalled. To be printed on the ballot, the statement
  4   34   of justification must be submitted to the county commissioner
  4   35   within ten days of the date the notice is sent to the officer
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House File 177 - Introduced continued

  5    1   named in the petition for recall.
  5    2      Sec. 7. NEW SECTION. 66A.7 Objection to the petition ====
  5    3   notice and hearing.
  5    4      1. Objections to the legal sufficiency of a petition for
  5    5   recall may be filed in writing by any person who would have the
  5    6   right to vote for a candidate for the office in question. The
  5    7   objections must be filed with the county commissioner not later
  5    8   than fourteen days after the petition for recall is filed.
  5    9      2. If objections are filed, notice shall be mailed within
  5   10   seventy=two hours by certified mail to the person who filed
  5   11   the petition. A hearing on the objections shall be held in
  5   12   the manner provided for objections to nomination petitions or
  5   13   certificates of nomination filed pursuant to chapter 43, 44,
  5   14   45, or 277, whichever is applicable.
  5   15      Sec. 8. NEW SECTION. 66A.8 Presumption of validity.
  5   16      A petition for recall filed under this chapter, and being
  5   17   apparently in conformity with law, shall be regarded as valid,
  5   18   unless objection is made in writing, and the petition shall
  5   19   be open to public inspection and preserved by the county
  5   20   commissioner for not less than six months after the special
  5   21   recall election is held.
  5   22      Sec. 9. NEW SECTION. 66A.9 Recall election.
  5   23      If the officer named in the petition for recall submits
  5   24   a resignation in writing, it shall be accepted and become
  5   25   effective the day it is offered. The vacancy created by the
  5   26   resignation shall be filled as provided by law, except that the
  5   27   officer named in the petition for recall shall not be appointed
  5   28   to fill the vacancy. If the officer named in the petition does
  5   29   not resign within five days after the petition for recall is
  5   30   filed, a special election on the recall of the officer shall
  5   31   be called. Notwithstanding section 39.2, subsection 4, the
  5   32   recall election shall be held the first Tuesday following
  5   33   sixty days after the date the petition is filed. However,
  5   34   the special election shall not be held on the same day as a
  5   35   regularly scheduled election. If the first Tuesday following
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House File 177 - Introduced continued

  6    1   sixty days after the date the petition is filed is the same day
  6    2   as a regularly scheduled election, the special election shall
  6    3   be held the first Tuesday following the regularly scheduled
  6    4   election.
  6    5      Sec. 10. NEW SECTION. 66A.10 Conduct of recall election.
  6    6      1. A special election for recall of an officer shall be
  6    7   conducted, and the results canvassed and certified, in the same
  6    8   manner that a regularly scheduled election to fill that office
  6    9   is conducted.
  6   10      2. The ballot submitted at a recall election shall set
  6   11   forth the statement contained in the petition for recall
  6   12   stating the reason for demanding the recall of the officer
  6   13   and the statement of justification submitted by the officer,
  6   14   if submitted in a timely manner. The question of whether the
  6   15   officer should be recalled shall be placed on the ballot in
  6   16   substantially the following form:
  6   17   ____. FOR recalling ____ who holds the office of ______.
  6   18   ____. AGAINST recalling ____ who holds the office of
  6   19   ______________.
  6   20      3. Expenses of a recall election shall be paid in the same
  6   21   manner as the expenses of a regularly scheduled election to
  6   22   fill that office.
  6   23      Sec. 11. NEW SECTION. 66A.11 Election results ==== filling
  6   24   of vacancy.
  6   25      1. The officer named in the petition for recall shall
  6   26   continue in office until the officer resigns or the results of
  6   27   the recall election are officially declared.
  6   28      2. If a majority of those voting on the question vote to
  6   29   recall the officer, the office becomes vacant and the vacancy
  6   30   shall be filled as provided by chapter 69. However, in no
  6   31   event shall the officer recalled be appointed to fill the
  6   32   vacancy.
  6   33      Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection
  6   34   3, shall not apply to this Act.
  6   35                             EXPLANATION
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House File 177 - Introduced continued

  7    1   This bill allows for the recall from office of an elected
  7    2   official of a political subdivision by the electors of that
  7    3   political subdivision, or election district, if applicable.
  7    4   The bill provides that a petition for recall of an officer may
  7    5   be filed by the eligible electors of a political subdivision
  7    6   or election district equal in number to at least 20 percent
  7    7   of the total votes cast for the office in question in the
  7    8   last preceding election, but in no case shall the number of
  7    9   signatures be less than 50.
  7   10      If the petition is filed in a timely manner, is of legal
  7   11   sufficiency, is not objected to in writing, and if the officer
  7   12   named in the petition does not resign from office, a recall
  7   13   election shall be held on the question of whether the officer
  7   14   shall be recalled from office. If the officer resigns, or if a
  7   15   majority of the total votes cast at the recall election is in
  7   16   favor of the recall of the officer, the vacancy in the office
  7   17   shall be filled in a manner provided for that office in Code
  7   18   chapter 69.
  7   19      The bill may include a state mandate as defined in Code
  7   20   section 25B.3. The bill makes inapplicable Code section 25B.2,
  7   21   subsection 3, which would relieve a political subdivision from
  7   22   complying with a state mandate if funding for the cost of
  7   23   the state mandate is not provided or specified. Therefore,
  7   24   political subdivisions are required to comply with any state
  7   25   mandate included in the bill.
           LSB 2072YH (7) 84
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HF 178




House File 178 - Introduced


                                        HOUSE FILE
                                        BY HUNTER

                                              A BILL FOR

         1 An Act requiring the consideration of project labor agreements
         2    for state construction projects.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 178 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 72.6 Project labor agreements.
  1    2      1. For the purposes of this section:
  1    3      a. "Labor organization" means an area or state building
  1    4   and construction trades or crafts council, organization, or
  1    5   association or a comparable body.
  1    6      b. "Large=scale construction project" means the
  1    7   construction, rehabilitation, alteration, conversion,
  1    8   extension, repair or improvement of a vertical public works
  1    9   project, including a building and other real property=related
  1   10   project, where the total project cost is twenty=five million
  1   11   dollars or more.
  1   12      c. "Project labor agreement" means a comprehensive pre=hire
  1   13   collective bargaining agreement that is negotiated between
  1   14   a project's owner and an appropriate labor organization and
  1   15   which sets out the basic terms and working conditions for that
  1   16   particular project.
  1   17      2. A state agency shall consider using a project labor
  1   18   agreement in connection with a large=scale construction project
  1   19   which meets the criteria established in this section.
  1   20      3. In awarding a contract in connection with a large=scale
  1   21   construction project, or in obligating funds pursuant to such a
  1   22   contract, a state agency, on a project=by=project basis, may
  1   23   require the use of a project labor agreement where the use will
  1   24   advance the state's interest. In making the decision whether
  1   25   to use a project labor agreement, the state agency shall
  1   26   consider the following factors:
  1   27      a. The potential for a labor disruption, such as a strike,
  1   28   lockout, or slowdown, which could affect the timely completion
  1   29   of the project.
  1   30      b. The number of trades and crafts anticipated to be used
  1   31   on the project.
  1   32      c. The need and urgency of the project and the harm to the
  1   33   public if the completion of the project is delayed.
  1   34      d. The size and complexity of the project and the time
  1   35   needed for its completion.
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House File 178 - Introduced continued

  2    1      e. The benefits to the public from the use of a project
  2    2   labor agreement relative to a project's cost, efficiency,
  2    3   quality, safety, and timeliness of completion.
  2    4      f. The ability to ensure compliance with all applicable
  2    5   state laws and regulations governing safety and health, equal
  2    6   employment opportunity, labor, and employment standards.
  2    7      4. If a state agency determines that the use of a project
  2    8   labor agreement will advance the state's interest, the state
  2    9   agency may require that every contractor or subcontractor
  2   10   on the project agree, for that project, to negotiate or
  2   11   become a party to a project labor agreement with one or more
  2   12   appropriate labor organizations. The decision to use a project
  2   13   labor agreement shall be supported by written findings by
  2   14   the affected state agency which demonstrate how the use of a
  2   15   project labor agreement will benefit the state's interest,
  2   16   particularly with respect to the factors enumerated in section
  2   17   3.
  2   18      5. A project labor agreement reached pursuant to this
  2   19   section shall do all of the following:
  2   20      a. Bind all contractors and subcontractors on the
  2   21   large=scale construction project through the inclusion of
  2   22   appropriate specifications in all relevant solicitation
  2   23   provisions and contract documents.
  2   24      b. Allow all contractors and subcontractors to compete for
  2   25   contracts and subcontracts without regard to whether they are
  2   26   otherwise parties to collective bargaining agreements.
  2   27      c. Contain guarantees against strikes, lockouts, and similar
  2   28   job disruptions.
  2   29      d. Set forth effective, prompt, and mutually binding
  2   30   procedures for resolving labor disputes arising during the term
  2   31   of the project labor agreement.
  2   32      e. Provide other mechanisms for labor=management cooperation
  2   33   on matters of mutual interest and concern, including but not
  2   34   limited to productivity, quality of work, safety, and health.
  2   35      f. Fully conform to all applicable state statutes and
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House File 178 - Introduced continued

  3    1   regulations.
  3    2      6. This section shall not be construed to preclude the
  3    3   use of a project labor agreement on any construction project
  3    4   not otherwise subject to this section. This section shall
  3    5   not be construed to require a contractor or subcontractor to
  3    6   enter into a project labor agreement with any particular labor
  3    7   organization.
  3    8      7. This section shall not be construed to create any right
  3    9   or benefit, substantive or procedural, enforceable at law or in
  3   10   equity, by any party against the state, a state agency, or any
  3   11   person.
  3   12                             EXPLANATION
  3   13      This bill relates to project labor agreements for state
  3   14   construction projects.
  3   15      The bill includes definitions relating to project labor
  3   16   agreements. The bill requires a state agency to consider
  3   17   using a project labor agreement for a large=scale construction
  3   18   project. The bill defines a "large=scale construction project"
  3   19   as the construction, rehabilitation, alteration, conversion,
  3   20   extension, repair, or improvement of a vertical public works
  3   21   project, including a building and other real property=related
  3   22   project, where the total project cost is $25 million or more.
  3   23   The bill provides that a state agency may require the use of a
  3   24   project labor agreement where the use will advance the state's
  3   25   interest. The bill sets out certain factors for making such
  3   26   a decision. The bill delineates the effects of a project
  3   27   labor agreement. The bill specifies that the bill should not
  3   28   be construed to preclude a state agency from using a project
  3   29   labor agreement for any construction project not otherwise
  3   30   covered by the bill. The bill specifies that the bill should
  3   31   not be construed to require a contractor or subcontractor to
  3   32   enter into a project labor agreement with any particular labor
  3   33   organization. The bill also specifies that the bill should not
  3   34   be construed to create any new right or benefit.
           LSB 1953HH (2) 84
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HF 179




House File 179 - Introduced


                                        HOUSE FILE
                                        BY DOLECHECK

                                        (COMPANION TO lsb
                                            2169ss by dotzler)

                                              A BILL FOR

         1 An Act relating to early school start date provisions and
         2    including effective and applicability dates.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
           TLSB 2169HH (2) 84
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House File 179 - Introduced continued

PAG LIN



  1    1      Section 1. Section 257.17, Code 2011, is amended to read as
  1    2   follows:
  1    3      257.17 Aid reduction for early school starts.
  1    4      State aid payments made pursuant to section 257.16 for a
  1    5   fiscal year shall be reduced by one one=hundred=eightieth for
  1    6   each day of that fiscal year for which the school district
  1    7   begins school before the earliest starting date specified in
  1    8   section 279.10, subsection 1. However, this section does not
  1    9   apply to a school district that has received approval from the
  1   10   director of the department of education under section 279.10,
  1   11   subsection 4, for a pilot program for an innovative school year
  1   12   in accordance with section 279.10, subsection 3, or to commence
  1   13   classes for regularly established elementary and secondary
  1   14   schools in advance of the starting date established in due to
  1   15   an emergency in accordance with section 279.10, subsection 1 4.
  1   16      Sec. 2. Section 279.10, subsections 1, 2, and 4, Code 2011,
  1   17   are amended to read as follows:
  1   18      1. The school year shall begin on the first day of July
  1   19   and each regularly established elementary and secondary school
  1   20   shall begin no sooner than a day during the calendar week
  1   21   in which the first day of September falls the fourth Monday
  1   22   in August but no later than the first Monday in December.
  1   23   However, if the first day of September falls on a Sunday,
  1   24   school may begin on a day during the calendar week which
  1   25   immediately precedes the first day of September unless the
  1   26   school district has received approval from the department of
  1   27   education for a pilot program for an innovative school year
  1   28   in accordance with subsection 3 or for an early start date
  1   29   due to an emergency in accordance with subsection 4. School
  1   30   shall continue for at least one hundred eighty days, except
  1   31   as provided in subsection 3, and may be maintained during the
  1   32   entire calendar year. However, if the board of directors of a
  1   33   district extends the school calendar because inclement weather
  1   34   caused the district to temporarily close school during the
  1   35   regular school calendar, the district may excuse a graduating
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House File 179 - Introduced continued

  2    1   senior who has met district or school requirements for
  2    2   graduation from attendance during the extended school calendar.
  2    3   A school corporation may begin employment of personnel for
  2    4   in=service training and development purposes before the date to
  2    5   begin elementary and secondary school. The earliest starting
  2    6   date specified in this subsection shall not apply to a school
  2    7   district which maintains a year around three semester school
  2    8   year.
  2    9      2. The board of directors shall hold a public hearing on
  2   10   any proposal request made pursuant to subsection 3 prior to
  2   11   submitting it to the department of education for approval.
  2   12      4. The director of the department of education may grant
  2   13   a request made by a board of directors of a school district
  2   14   stating its desire that an emergency exists which requires the
  2   15   school district to commence classes for regularly established
  2   16   elementary and secondary schools prior to the earliest starting
  2   17   date specified in subsection 1. A The request shall be based
  2   18   upon the determination set forth the reasons that a starting
  2   19   date on or after prior to the earliest starting date specified
  2   20   in subsection 1 would have a significant negative educational
  2   21   impact is necessary and shall describe any actions the school
  2   22   district intends to take to ensure that student achievement is
  2   23   not adversely affected.
  2   24      Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2012.
  2   25      Sec. 4. APPLICABILITY. This Act is applicable for school
  2   26   years beginning on or after July 1, 2012.
  2   27                             EXPLANATION
  2   28      This bill changes the earliest school start date to the
  2   29   fourth Monday in August and modifies the authority of the
  2   30   department of education to grant a request made by a board of
  2   31   directors of a school district to commence classes prior to the
  2   32   earliest starting date allowed, which currently is no sooner
  2   33   than a day during the calendar week in which the first day of
  2   34   September falls or, if the first day of September falls on a
  2   35   Sunday, a day during the prior week. The bill exempts from
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House File 179 - Introduced continued

  3    1   the earliest starting date requirement school districts that
  3    2   maintain a year around three semester school year.
  3    3      The bill provides that the department may grant a request
  3    4   made by a school board stating that an emergency exists which
  3    5   requires the school district to commence classes for regularly
  3    6   established elementary and secondary schools prior to the
  3    7   fourth Monday in August. The request must set forth the
  3    8   reasons the early start date is necessary and must describe
  3    9   actions the school district intends to take to ensure that
  3   10   student achievement is not adversely affected.
  3   11      The bill makes conforming changes to modify a provision
  3   12   that provides for a reduction in school foundation aid when
  3   13   school districts implement early school starts. The bill also
  3   14   includes a technical correction.
  3   15      The bill takes effect July 1, 2012, for school years
  3   16   beginning on or after July 1, 2012.
           LSB 2169HH (2) 84
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HF 180




House File 180 - Introduced


                                        HOUSE FILE
                                        BY UPMEYER, ARNOLD,
                                            BALTIMORE,
                                            BRANDENBURG, BYRNES,
                                            CHAMBERS, DE?BOEF,
                                            DEYOE, DOLECHECK, FRY,
                                            GARRETT, GRASSLEY,
                                            HAGENOW, HANUSA, HEIN,
                                            HELLAND, HORBACH,
                                            HUSEMAN, IVERSON,
                                            KAUFMANN, KLEIN,
                                            KOESTER, LOFGREN,
                                            LUKAN, MOORE,
                                            PAUSTIAN, PEARSON,
                                            PETTENGILL, RASMUSSEN,
                                            ROGERS, SANDS,
                                            SCHULTZ, SHAW, J.
                                            SMITH, SODERBERG,
                                            SWEENEY, J.?TAYLOR,
                                            VAN?ENGELENHOVEN,
                                            VANDER?LINDEN, WAGNER,
                                            WINDSCHITL, WORTHAN,
                                            and QUIRK

                                              A BILL FOR

         1 An Act relating to the rulemaking authority and voting
         2    requirements of the environmental protection commission.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1    1      Section 1. Section 455A.6, subsection 5, Code 2011, is
  1    2   amended by striking the subsection and inserting in lieu
  1    3   thereof the following:
  1    4      5. Six members of the commission is a quorum, and a majority
  1    5   of the commission membership may act in any matter within the
  1    6   jurisdiction of the commission.
  1    7      Sec. 2. Section 455A.6, subsection 6, paragraph a, Code
  1    8   2011, is amended to read as follows:
  1    9      a. Establish policy for the department and adopt rules,
  1   10   pursuant to chapter 17A, necessary to provide for the
  1   11   effective administration of chapter 455B, 455C, or 459. The
  1   12   commission shall have only that authority or discretion which
  1   13   is explicitly delegated to or conferred upon the commission by
  1   14   chapter 455B, 455C, or 459, and shall not expand or enlarge on
  1   15   that authority or discretion.
  1   16                             EXPLANATION
  1   17      Under current law five members of the environmental
  1   18   protection commission is a quorum, and a majority of a quorum
  1   19   may take action. This bill sets the quorum at six members and
  1   20   requires a majority of the commission membership (five votes)
  1   21   to take action.
  1   22      The bill also would limit the commission's authority to
  1   23   implement the provisions of Code chapter 455B, 455C, or 459 to
  1   24   the authority that is explicitly set out in those chapters.
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HF 181




House File 181 - Introduced


                                        HOUSE FILE
                                        BY UPMEYER, ARNOLD,
                                            BALTIMORE,
                                            BRANDENBURG, BYRNES,
                                            CHAMBERS, DE?BOEF,
                                            DEYOE, DOLECHECK, FRY,
                                            GARRETT, GRASSLEY,
                                            HAGENOW, HANUSA, HEIN,
                                            HELLAND, HORBACH,
                                            HUSEMAN, IVERSON,
                                            KAUFMANN, KLEIN,
                                            KOESTER, LOFGREN,
                                            LUKAN, R.?OLSON,
                                            PAUSTIAN, PEARSON,
                                            PETTENGILL, RASMUSSEN,
                                            ROGERS, SANDS,
                                            SCHULTZ, SHAW, J.
                                            SMITH, SODERBERG,
                                            SWEENEY, J.?TAYLOR,
                                            VAN?ENGELENHOVEN,
                                            VANDER?LINDEN, WAGNER,
                                            WINDSCHITL, and
                                            WORTHAN

                                              A BILL FOR

         1 An Act relating to the legislative review of administrative
         2    rules, and rescinding all rules every five years.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 17A.5, Code 2011, is amended by adding
  1    2   the   following new subsection:
  1    3      NEW SUBSECTION. 3. An administrative rule is rescinded five
  1    4   years after the initial effective date of the rule, excluding
  1    5   the effective dates of later amendments. For rules that are in
  1    6   effect on July 1, 2011, the recision date is July 1, 2016.
  1    7      Sec. 2. NEW SECTION. 17A.8A Legislative review of rules.
  1    8      The standing committees of the house of representatives and
  1    9   senate may review any administrative rule. If reviewed, the
  1   10   standing committee reviewing the rule shall report to the house
  1   11   of representatives or senate its findings and recommendations
  1   12   concerning its review. If ordered by the speaker of the house
  1   13   of representatives or the president of the senate, the report
  1   14   of the committee shall be printed in the journal.
  1   15                              EXPLANATION
  1   16      This bill would allow standing committees of the house of
  1   17   representatives and senate to review any administrative rule.
  1   18   As part of the rulemaking process, no rule could remain in
  1   19   effect for more than five years, at which time the rule would
  1   20   be automatically rescinded.
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HF 182




House File 182 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON JUDICIARY

                                        (SUCCESSOR TO HSB 7)

                                              A BILL FOR

         1 An Act relating to mental health and substance abuse histories
         2    conducted in a presentence investigation report and the
         3    standards for release on probation in a criminal proceeding.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 901.3, subsection 1, Code 2011, is
  1    2   amended to read as follows:
  1    3      1. The defendant's characteristics, family and financial
  1    4   circumstances, needs, and potentialities, including the
  1    5   presence of any previously diagnosed mental disorder.
  1    6      Sec. 2. Section 901.3, Code 2011, is amended by adding the
  1    7   following new subsections:
  1    8      NEW SUBSECTION. 2A. The defendant's mental health history
  1    9   and treatment options available in the defendant's community
  1   10   and the correctional system.
  1   11      NEW SUBSECTION. 2B. The defendant's substance abuse
  1   12   history and treatment options available in the defendant's
  1   13   community and the correctional system.
  1   14      Sec. 3. Section 907.5, Code 2011, is amended to read as
  1   15   follows:
  1   16      907.5 Standards for release on probation ==== written reasons.
  1   17      Before deferring judgment, deferring sentence, or suspending
  1   18   sentence, the court first shall determine which option,
  1   19   if available, will provide maximum opportunity for the
  1   20   rehabilitation of the defendant and protection of the community
  1   21   from further offenses by the defendant and others. In making
  1   22   this determination, the court shall consider the age of the
  1   23   defendant; the defendant's prior record of convictions and
  1   24   prior record of deferments of judgment if any; the defendant's
  1   25   employment circumstances; the defendant's family circumstances;
  1   26   the defendant's mental health and substance abuse history
  1   27   and treatment options available in the community and the
  1   28   correctional system; the nature of the offense committed; and
  1   29   such other factors as are appropriate. The court shall file
  1   30   a specific written statement of its reasons for and the facts
  1   31   supporting its decision to defer judgment, to defer sentence,
  1   32   or to suspend sentence, and its decision on the length of
  1   33   probation.
  1   34                              EXPLANATION
  1   35      This bill relates to mental health and substance abuse
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House File 182 - Introduced continued

 2    1   histories conducted in a presentence investigation report
 2    2   and the standards for release on probation in a criminal
 2    3   proceeding.
 2    4      The bill provides that the judicial district department of
 2    5   correctional services conducting a presentence investigation
 2    6   shall include in the report the defendant's mental health and
 2    7   substance abuse history and the treatment options available to
 2    8   the defendant in the community and the correctional system.
 2    9      The bill also requires the court prior to deferring
 2   10   judgment, deferring sentence, or suspending sentence, to
 2   11   consider the mental health or substance abuse history of a
 2   12   defendant and the treatment options available to the defendant
 2   13   in the community and the correctional system.
 2   14      A presentence investigation report details the background of
 2   15   a defendant and is reviewed by the court prior to sentencing a
 2   16   criminal defendant.
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HF 183




House File 183 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON PUBLIC
                                            SAFETY

                                        (SUCCESSOR TO HSB 4)

                                              A BILL FOR

         1 An Act relating to the control of marijuana, including an
         2    effective date provision, and providing a penalty.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 183 - Introduced continued

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  1    1      Section 1. Section 124.204, subsection 4, paragraph m, Code
  1    2   2011, is amended to read as follows:
  1    3      m. Marijuana, except as otherwise provided by rules of the
  1    4   board for medicinal purposes.
  1    5      Sec. 2. Section 124.204, subsection 4, paragraph u,
  1    6   unnumbered paragraph 1, Code 2011, is amended to read as
  1    7   follows:
  1    8      Tetrahydrocannabinols, except as otherwise provided
  1    9   by rules of the board for medicinal purposes, meaning
  1   10   tetrahydrocannabinols naturally contained in a plant of
  1   11   the genus Cannabis (Cannabis plant) as well as synthetic
  1   12   equivalents of the substances contained in the Cannabis plant,
  1   13   or in the resinous extractives of such plant, and synthetic
  1   14   substances, derivatives, and their isomers with similar
  1   15   chemical structure and pharmacological activity to those
  1   16   substances contained in the plant, such as the following:
  1   17      Sec. 3. Section 124.204, subsection 7, Code 2011, is amended
  1   18   by striking the subsection.
  1   19      Sec. 4. Section 124.206, subsection 7, Code 2011, is amended
  1   20   to read as follows:
  1   21      7. Hallucinogenic substances. Unless specifically excepted
  1   22   or unless listed in another schedule, any material, compound,
  1   23   mixture, or preparation which contains any quantity of the
  1   24   following substances:
  1   25      a. Marijuana when used for medicinal purposes pursuant to
  1   26   rules of the board.
  1   27      b. Nabilone nabilone [another name for nabilone:
  1   28   (+=) = trans=3=(1,1=dimethylheptyl)=6,6a,7,8,10,10a=
  1   29   hexahydro=1=hydroxy=6,6=dimethyl=9H=dibenzo[b,d]pyran=9=one].
  1   30      Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
  1   31   immediate importance, takes effect upon enactment.
  1   32                             EXPLANATION
  1   33      This bill relates to the control of marijuana.
  1   34      Under the bill, all types of marijuana and
  1   35   tetrahydrocannabinols are classified as schedule I controlled
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House File 183 - Introduced continued

  2    1   substances. The bill eliminates a provision classifying
  2    2   marijuana used for medicinal purposes, pursuant to rules of the
  2    3   board of pharmacy, as a schedule II controlled substance.
  2    4      The bill strikes references to the authority of the board
  2    5   to establish rules relating to the medicinal use of marijuana
  2    6   including tetrahydrocannabinols naturally contained in a
  2    7   cannabis plant.
  2    8      A schedule I controlled substance is a highly addictive
  2    9   substance that has no accepted medical use in the United States
  2   10   and a schedule II controlled substance is a highly addictive
  2   11   substance that has an accepted medical use in the United
  2   12   States.
  2   13      The penalties for possessing, manufacturing, delivering,
  2   14   or possessing with intent to deliver marijuana, including
  2   15   tetrahydrocannabinols, range from a six=month serious
  2   16   misdemeanor to a 50=year class "B" felony depending on the
  2   17   amount of marijuana or tetrahydrocannabinols involved in the
  2   18   offense.
  2   19      A first marijuana possession offense is classified as a
  2   20   serious misdemeanor but is punishable by confinement for no
  2   21   more than six months and a fine of no more than $1,000. A
  2   22   second marijuana possession offense is punishable in the same
  2   23   manner as other serious misdemeanor offenses.
  2   24      A serious misdemeanor is punishable by confinement for no
  2   25   more than one year and a fine of at least $315 but not more than
  2   26   $1,875. An aggravated misdemeanor is punishable by confinement
  2   27   for no more than two years and a fine of at least $625 but
  2   28   not more than $6,250. A class "D" felony is punishable by
  2   29   confinement for no more than five years and a fine of at
  2   30   least $750 but not more than $7,500. A class "C" felony is
  2   31   punishable by confinement for no more than 10 years and a fine
  2   32   of at least $1,000 but not more than $10,000. A class "B"
  2   33   felony is normally punishable by confinement for no more than
  2   34   25 years. A 50=year class "B" felony, sometimes referred to as
  2   35   a "super B" felony, is punishable by confinement for no more
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House File 183 - Introduced continued

  3   1 than 50 years.
  3   2    The bill takes effect upon enactment.
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HF 184




House File 184 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON EDUCATION

                                        (SUCCESSOR TO HSB 32)

                                              A BILL FOR

         1 An Act establishing the categorical state percent of growth
         2    for purposes of the state school foundation program and
         3    including effective date and applicability provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 184 - Introduced continued

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  1    1      Section 1. Section 257.8, subsection 2, Code 2011, is
  1    2   amended to read as follows:
  1    3      2. Categorical state percent of growth. The categorical
  1    4   state percent of growth for the budget year beginning July
  1    5   1, 2010, is two percent. The categorical state percent of
  1    6   growth for the budget year beginning July 1, 2011, is zero
  1    7   percent. The categorical state percent of growth for the
  1    8   budget year beginning July 1, 2012, is zero percent. The
  1    9   categorical state percent of growth for each budget year shall
  1   10   be established by statute which shall be enacted within thirty
  1   11   days of the submission in the year preceding the base year of
  1   12   the governor's budget under section 8.21. The establishment
  1   13   of the categorical state percent of growth for a budget year
  1   14   shall be the only subject matter of the bill which enacts the
  1   15   categorical state percent of growth for a budget year. The
  1   16   categorical state percent of growth may include state percents
  1   17   of growth for the teacher salary supplement, the professional
  1   18   development supplement, and the early intervention supplement.
  1   19      Sec. 2. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This
  1   20   Act, being deemed of immediate importance, takes effect upon
  1   21   enactment and is applicable for computing state aid under
  1   22   the state school foundation program for the school budget
  1   23   year beginning July 1, 2011, and for the school budget year
  1   24   beginning July 1, 2012.
  1   25                             EXPLANATION
  1   26      This bill establishes a categorical state percent of growth
  1   27   of 0 percent for purposes of the state school foundation
  1   28   program for the school budget year beginning July 1, 2011. The
  1   29   bill also establishes a categorical state percent of growth
  1   30   of 0 percent for purposes of the state school foundation
  1   31   program for the school budget year beginning July 1, 2012.
  1   32   The categorical state percent of growth includes the teacher
  1   33   salary supplement, the professional development supplement,
  1   34   and the early intervention supplement. The bill takes effect
  1   35   upon enactment and is applicable for computing state aid under
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House File 184 - Introduced continued

  2   1 the state school foundation program for the school budget
  2   2 year beginning July 1, 2011, and for the school budget year
  2   3 beginning July 1, 2012.
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HF 185




House File 185 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON EDUCATION

                                        (SUCCESSOR TO HSB 28)

                                              A BILL FOR

         1 An Act establishing the state percent of growth for purposes of
         2    the state school foundation program and including effective
         3    date and applicability provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 257.8, subsection 1, Code 2011, is
  1    2   amended to read as follows:
  1    3      1. State percent of growth. The state percent of growth
  1    4   for the budget year beginning July 1, 2009, is four percent.
  1    5    The state percent of growth for the budget year beginning July
  1    6   1, 2010, is two percent. The state percent of growth for the
  1    7   budget year beginning July 1, 2011, is zero percent. The
  1    8   state percent of growth for the budget year beginning July 1,
  1    9   2012, is zero percent. The state percent of growth for each
  1   10   subsequent budget year shall be established by statute which
  1   11   shall be enacted within thirty days of the submission in the
  1   12   year preceding the base year of the governor's budget under
  1   13   section 8.21. The establishment of the state percent of growth
  1   14   for a budget year shall be the only subject matter of the bill
  1   15   which enacts the state percent of growth for a budget year.
  1   16      Sec. 2. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This
  1   17   Act, being deemed of immediate importance, takes effect upon
  1   18   enactment and is applicable for computing state aid under
  1   19   the state school foundation program for the school budget
  1   20   year beginning July 1, 2011, and for the school budget year
  1   21   beginning July 1, 2012.
  1   22                             EXPLANATION
  1   23      This bill establishes a state percent of growth of 0 percent
  1   24   for purposes of the state school foundation program for the
  1   25   school budget year beginning July 1, 2011. The bill also
  1   26   establishes a state percent of growth of 0 percent for purposes
  1   27   of the state school foundation program for the school budget
  1   28   year beginning July 1, 2012. The bill takes effect upon
  1   29   enactment and is applicable for state aid computation under the
  1   30   school foundation program for the school budget year beginning
  1   31   July 1, 2011, and for the school budget year beginning July 1,
  1   32   2012.
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HF 186




House File 186 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON PUBLIC
                                            SAFETY

                                        (SUCCESSOR TO HSB 5)

                                              A BILL FOR

         1 An Act adding hallucinogenic substances to the list of schedule
         2    I controlled substances, providing penalties, and including
         3    an effective date provision.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 186 - Introduced continued

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  1    1      Section 1. Section 124.204, subsection 4, Code 2011, is
  1    2   amended by adding the following new paragraphs:
  1    3      NEW PARAGRAPH. ai. Salvia divinorum.
  1    4      NEW PARAGRAPH. aj. Salvinorin A.
  1    5      NEW PARAGRAPH. ak. Any substance, compound, mixture or
  1    6   preparation which contains any quantity of any synthetic
  1    7   cannabinoid that is not approved as a pharmaceutical, including
  1    8   but not limited to the following:
  1    9      (1) CP 47, 497 and homologues 2=[(1R, 3S)=3=
  1   10   hydroxycyclohexyl]=5=(2=methyloctan=2=yl)phenol).
  1   11      (2) HU=210[(6aR,10aR)=9=(hydroxymethyl)=6,6=dimethyl=3=
  1   12   (2=methyloctan=2=yl)=6a,7,10,10a=tetrahydrobenzo[c]
  1   13   chromen=1=ol)].
  1   14      (3) HU=211(dexanabinol, (6aS,10aS)=9=(hydroxymethyl)=6,6=
  1   15   dimethyl=3=(2=methyloctan=2=yl)=6a,7,10,10a=tetrahydrobenzo[c]
  1   16   chromen=1=ol).
  1   17      (4) JWH=018 1=Pentyl=3=(1=naphthoyl)indole.
  1   18      (5) JWH=073 1=Butyl=3=(1=naphthoyl)indole.
  1   19      Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
  1   20   immediate importance, takes effect upon enactment.
  1   21                             EXPLANATION
  1   22      This bill adds hallucinogenic substances to the list of
  1   23   schedule I controlled substances.
  1   24      The bill adds "salvia divinorum" and "salvinorin A", also
  1   25   known as "divinorin A", to the list of schedule I controlled
  1   26   substances.
  1   27      The bill adds certain synthetic cannabinoids, also known
  1   28   as "K2", to the list of schedule I controlled substances in
  1   29   addition to the tetrahydrocannabinols and synthetic equivalents
  1   30   listed in schedule I under Code section 124.204(4)(u).
  1   31      A schedule I controlled substance is considered to have a
  1   32   high potential for abuse and no medical purpose in treatment in
  1   33   the United States.
  1   34      The bill makes it a class "C" felony pursuant to Code
  1   35   section 124.401, subsection 1, paragraph c, subparagraph
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House File 186 - Introduced continued

  2    1   (8), for any unauthorized person to manufacture, deliver, or
  2    2   possess with the intent to manufacture or deliver, salvia
  2    3   divinorum, salvinorin A, or a synthic cannabinoid, including
  2    4   its counterfeit or a simulated form, or to act with, enter into
  2    5   a common scheme or design with, or conspire with one or more
  2    6   other persons to manufacture, deliver, or possess with the
  2    7   intent to manufacture or deliver salvia divinorum, salvinorin
  2    8   A, or a synthetic cannabinoid.
  2    9      The bill also makes it a serious misdemeanor pursuant to
  2   10   Code section 124.401, subsection 5, for any unauthorized person
  2   11   to possess salvia divinorum, salvinorin A, or a synthetic
  2   12   cannabinoid.
  2   13      A class "C" felony is punishable by confinement for no more
  2   14   than 10 years and a fine of at least $1,000 but not more than
  2   15   $10,000. A serious misdemeanor is punishable by confinement
  2   16   for no more than one year and a fine of at least $315 but not
  2   17   more than $1,875.
  2   18      The bill takes effect upon enactment.
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HF 187




House File 187 - Introduced


                                        HOUSE FILE
                                        BY ISENHART

                                              A BILL FOR

         1 An Act relating to independent expenditures in campaigns and
         2    providing for a penalty.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 187 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 68A.404A Independent expenditures
  1    2   ==== tax benefits ==== penalty.
  1    3      1. A person or entity making an independent expenditure or
  1    4   providing funds to another entity for the purpose of making
  1    5   an independent expenditure shall not be eligible to receive
  1    6   a tax benefit or program incentive that is offered by the
  1    7   state or any of its political subdivisions and that is not
  1    8   made generally available if the person or entity has made
  1    9   an independent campaign expenditure of seven hundred fifty
  1   10   dollars or more in the aggregate in any calendar year within
  1   11   the previous five years.
  1   12      2. A person or entity receiving a tax benefit or program
  1   13   incentive that is offered by the state or any of its political
  1   14   subdivisions and that is not made generally available shall
  1   15   be disqualified from receiving any tax benefit or program
  1   16   incentive for five years if the person or entity makes an
  1   17   independent campaign expenditure described in subsection 1.
  1   18   If the person or entity is currently receiving such a benefit
  1   19   or incentive, the benefit or incentive shall be terminated
  1   20   effective on the date of the independent campaign expenditures.
  1   21      3. The board shall post to an internet site, on a quarterly
  1   22   basis, a list of all persons or entities making independent
  1   23   expenditures and shall provide the list to the secretary of
  1   24   state. The secretary of state shall provide the list to all
  1   25   state and local government bodies for which candidate elections
  1   26   are held.
  1   27      4. A person or entity violating the provisions of section
  1   28   68A.404 or this section shall be penalized by the board in an
  1   29   amount not to exceed the amount of the independent expenditure.
  1   30      5. This section does not apply to ballot issue elections.
  1   31                             EXPLANATION
  1   32      This bill prohibits a person from receiving a state or
  1   33   local tax benefit or program incentive that is not generally
  1   34   available if the person has made an independent campaign
  1   35   expenditure of $750 or more in the aggregate in any calendar
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House File 187 - Introduced continued

  2   1   year within the previous five years.
  2   2      The bill requires that the campaign finance and disclosure
  2   3   board publish a list on the internet of all persons or entities
  2   4   making independent expenditures.
  2   5      The bill provides that a person violating Code section
  2   6   68A.404 or the provisions of this bill shall be penalized in an
  2   7   amount not to exceed the amount of the independent expenditure.
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HF 188




House File 188 - Introduced


                                        HOUSE FILE
                                        BY ISENHART

                                              A BILL FOR

         1 An Act relating to requirements for foster care provided by an
         2    individual in a single=family home facility.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 188 - Introduced continued

PAG LIN



  1    1      Section 1. Section 237.3, subsection 1, Code 2011, is
  1    2   amended to read as follows:
  1    3      1. Except as otherwise provided by subsections 3 and 4,
  1    4   the administrator shall promulgate, after their adoption by
  1    5   the council on human services, and enforce in accordance with
  1    6   chapter 17A, administrative rules necessary to implement this
  1    7   chapter. Formulation of the rules shall include consultation
  1    8   with representatives of child foster care providers, and other
  1    9   persons affected by this chapter. The rules shall encourage
  1   10   the provision of child foster care in a single=family, home
  1   11   environment, exempting the single=family, home facility from
  1   12   inappropriate rules. The rules applicable to window egress in
  1   13   a facility which is a single=family home in which the child
  1   14   foster care is provided by an individual shall not apply
  1   15   standards in excess of those to which the home is subject under
  1   16   the state or local building code for a single=family home
  1   17   without foster care children.
  1   18                             EXPLANATION
  1   19      This bill relates to requirements for foster care provided
  1   20   by an individual in a single=family home facility.
  1   21       Current law in Code section 237.3, relating to
  1   22   administrative rules adopted by the department of human
  1   23   services for child foster care, directs the department
  1   24   to encourage the provision of child foster care in a
  1   25   single=family, home environment, exempting the single=family,
  1   26   home facility from inappropriate rules.
  1   27      The bill amends Code section 237.3 to provide that the
  1   28   rules applicable to window egress of a facility which is a
  1   29   single=family home in which the child foster care is provided
  1   30   by an individual cannot apply standards in excess of those
  1   31   under the state or local building code applicable if child
  1   32   foster care was not provided in the single=family home.
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HF 189




House File 189 - Introduced


                                        HOUSE FILE
                                        BY COMMITTEE ON WAYS AND
                                            MEANS

                                        (SUCCESSOR TO HSB 41)

                                              A BILL FOR

         1 An Act establishing a school district property tax
         2    relief supplement for certain fiscal years, making
         3    an appropriation, and including effective date and
         4    applicability provisions.
         5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House File 189 - Introduced continued

PAG LIN



  1    1      Section 1. SCHOOL DISTRICT PROPERTY TAX RELIEF SUPPLEMENT
  1    2   ==== APPROPRIATION.
  1    3      1. There is appropriated from the general fund of the state
  1    4   to the department of management, for the fiscal year beginning
  1    5   July 1, 2011, an amount sufficient to pay the school district
  1    6   property tax relief supplements under this section. Payments
  1    7   under this section shall be paid in the manner provided in
  1    8   section 257.16.
  1    9      2. a. The department of management shall determine
  1   10   the amount of the budget adjustment under section 257.14,
  1   11   subsection 3, paragraph "a", subparagraph (8), for each school
  1   12   district within the state.
  1   13      b. Each school district that has a budget adjustment amount
  1   14   determined under paragraph "a" that is greater than zero shall
  1   15   receive a property tax relief supplement in an amount equal to
  1   16   the budget adjustment amount determined under paragraph "a".
  1   17      3. The department of management shall notify each school
  1   18   district of the amount of the property tax relief supplement
  1   19   not later than June 1, 2011.
  1   20      4. School districts that receive a property tax relief
  1   21   supplement under this section shall not levy property taxes
  1   22   for a budget adjustment under section 257.14, subsection 3,
  1   23   paragraph "a", subparagraph (8), for the budget year beginning
  1   24   July 1, 2011.
  1   25      5. Property tax relief supplement payments received by a
  1   26   school district under this section may be used for any purpose
  1   27   for which moneys generated through property taxes resulting
  1   28   from a budget adjustment under section 257.14 may be used.
  1   29      Sec. 2. EFFECTIVE UPON ENACTMENT AND APPLICABILITY. This
  1   30   Act, being deemed of immediate importance, takes effect upon
  1   31   enactment and applies to the budget year beginning July 1,
  1   32   2011.
  1   33                              EXPLANATION
  1   34      This bill appropriates from the general fund of the state
  1   35   to the department of management, for the fiscal year beginning
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House File 189 - Introduced continued

  2    1   July 1, 2011, an amount sufficient to pay the school district
  2    2   property tax relief supplements authorized in the bill.
  2    3      The bill requires the department of management to determine
  2    4   the amount of the budget adjustment under Code section
  2    5   257.14(3)(a)(8) for each school district within the state.
  2    6   Each school district that has a budget adjustment amount
  2    7   determined under the bill that is greater than zero shall
  2    8   receive a property tax relief supplement payment in an amount
  2    9   equal to the budget adjustment amount. The bill prohibits a
  2   10   school district that receives a property tax relief supplement
  2   11   under the bill from levying property taxes for a budget
  2   12   adjustment under Code section 257.14(3)(a)(8) for the budget
  2   13   year beginning July 1, 2011.
  2   14      The department of management is required to notify each
  2   15   school district of the amount of the property tax relief
  2   16   supplement not later than June 1, 2011. Payment of property
  2   17   tax relief supplements are made in the same manner as other
  2   18   payments to school districts under Code section 257.16. Moneys
  2   19   received by a school district under the bill may be used for
  2   20   any purpose for which moneys generated through property taxes
  2   21   resulting from a budget adjustment under Code section 257.14
  2   22   may be used.
  2   23      The bill takes effect upon enactment and applies to the
  2   24   budget year beginning July 1, 2011.
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HR 10




House Resolution 10 - Introduced
PAG LIN




                              HOUSE RESOLUTION NO.
                    BY ALONS, ANDERSON, ARNOLD, BALTIMORE, BAUDLER,
                 BRANDENBURG, BYRNES, CHAMBERS, COWNIE, DE?BOEF, DEYOE,
                  DOLECHECK, DRAKE, FORRISTALL, FRY, GARRETT, GRASSLEY,
                     HAGENOW, HAGER, HANUSA, HEATON, HEIN, HELLAND,
                 HORBACH, HUSEMAN, IVERSON, JORGENSEN, KAUFMANN, KLEIN,
                   KOESTER, LOFGREN, LUKAN, MASSIE, L.?MILLER, MOORE,
                    S.?OLSON, PAULSEN, PAUSTIAN, PEARSON, PETTENGILL,
                  RAECKER, RASMUSSEN, RAYHONS, ROGERS, SANDS, SCHULTE,
                      SCHULTZ, SHAW, J. SMITH, SODERBERG, SWEENEY,
                     J.?TAYLOR, TJEPKES, UPMEYER, VAN?ENGELENHOVEN,
                  VANDER?LINDEN, WAGNER, WATTS, WINDSCHITL, and WORTHAN
        1    1   A Resolution to commemorate the centennial of the birth
        1    2      of President Ronald Reagan.
        1    3      WHEREAS, February 6, 2011, is the centennial
        1    4   birthday of Ronald Wilson Reagan; and
        1    5      WHEREAS, Ronald Reagan was a man of humble
        1    6   background, who worked throughout his life serving
        1    7   freedom and advancing the public good, having been
        1    8   employed as an entertainer, union leader, corporate
        1    9   spokesman, Governor of California, and President of the
        1   10   United States; and
        1   11      WHEREAS, Ronald Reagan served with honor and
        1   12   distinction for two terms as the fortieth President
        1   13   of the United States of America, the second term of
        1   14   which he earned the confidence of sixty percent of
        1   15   the electorate and was victorious in forty=nine of
        1   16   the fifty states in the general election, a record
        1   17   unsurpassed in the history of American Presidential
        1   18   elections; and
        1   19      WHEREAS, both President Reagan and his wife
        1   20   Nancy have distinguished records of public service
        1   21   to the United States, the American people, and the
        1   22   international community; and
        1   23      WHEREAS, during his terms in office, President
        1   24   Reagan worked in a bipartisan manner to enact his
        1   25   bold agenda of restoring accountability and common
        1   26   sense to government which led to an unprecedented
        1   27   economic expansion and opportunity for millions of
        1   28   Americans; and
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House Resolution 10 - Introduced continued

 2    1   WHEREAS, President Reagan fulfilled his pledge to
 2    2   help restore "the great, confident roar of American
 2    3   progress, growth, and optimism" and ensure renewed
 2    4   economic prosperity; and
 2    5      WHEREAS, President Reagan's commitment to an active
 2    6   social policy agenda for the nation's children helped
 2    7   lower crime and drug use in the nation's communities
 2    8   and neighborhoods; and
 2    9      WHEREAS, President Reagan's commitment to the
 2   10   nation's armed forces contributed to the restoration of
 2   11   pride in America, American values and those cherished
 2   12   by the free world, and prepared America's armed forces
 2   13   to win the Gulf War; and
 2   14      WHEREAS, President Reagan's vision of "peace through
 2   15   strength" led to the end of the Cold War and the
 2   16   ultimate demise of the Soviet Union, guaranteeing basic
 2   17   human rights for millions of people; NOW THEREFORE,
 2   18      BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That
 2   19   the House of Representatives, on this the centennial of
 2   20   his birth, recognizes and honors the life and public
 2   21   service of Ronald Wilson Reagan, President of the
 2   22   United States of America, and declares February 6,
 2   23   2011, to be Ronald Reagan Day in Iowa.
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HR 11




House Resolution 11 - Introduced
PAG LIN




                              HOUSE RESOLUTION NO.
                        BY COMMITTEE ON ADMINISTRATION AND RULES
        1    1   A Resolution relating to permanent rules of the House
        1    2      for the eighty=fourth general assembly.
        1    3      BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That
        1    4   the permanent rules of the House for the eighty=third
        1    5    eighty=fourth general assembly be as follows:
        1    6      DIVISION I == GENERAL RULES
        1    7      Rule 1
        1    8      Call to Order and Order of Business
        1    9      The speaker shall take the chair at the hour to
        1   10   which the house has adjourned, and shall immediately
        1   11   call the house to order, correct the journal of the
        1   12   previous day's proceedings, and proceed to other
        1   13   business, including, but not limited to, introduction
        1   14   of bills, reports, messages, communications, business
        1   15   pending at adjournment, announcements, resolutions
        1   16   and bills on their passage, and points of personal
        1   17   privilege.
        1   18      Rule 2
        1   19      Quorum Call and Time of Convening
        1   20      The house shall convene each Monday at 1:00 p.m. and
        1   21   at 9:00 8:30 a.m. on all other legislative days, unless
        1   22   otherwise ordered. The time of convening shall be
        1   23   recorded in the journal. The house shall not convene
        1   24   on Sunday during a regular or special session.
        1   25      The speaker or a member may request a roll call to
        1   26   determine if a quorum is present.
        1   27      Rule 3
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House Resolution 11 - Introduced continued

 2    1   Absences from the House
 2    2      No member shall be absent without leave while the
 2    3   house is in session unless excused for good cause.
 2    4      Rule 4
 2    5      Preservation of Order
 2    6      The speaker shall preserve order and decorum and
 2    7   speak to points of order. Subject to an appeal to the
 2    8   house by any member, the speaker shall decide questions
 2    9   of order which shall not be debated.
 2   10      The speaker may have the chamber of the house
 2   11   cleared in case of any disturbance or disorderly
 2   12   conduct.
 2   13      Only past legislators, state officials, persons
 2   14   whose presence is deemed by the speaker to be of
 2   15   special significance to the house, and school classes
 2   16   accompanied by teachers and seated in the galleries
 2   17   shall be introduced in the house.
 2   18      No person other than a member of the house shall be
 2   19   allowed to speak from the floor of the house without
 2   20   prior permission of the speaker.
 2   21      The public may take photographs from the galleries
 2   22   at any time. However, the use of flash bulbs or any
 2   23   other artificial lighting is prohibited.
 2   24      Members of the press may photograph from the press
 2   25   box, but shall not use artificial lighting without
 2   26   prior permission from the chief clerk of the house.
 2   27   Photographs shall not be taken on the house floor when
 2   28   the members are voting on a question put before the
 2   29   house. Photographs of the voting boards shall not be
 2   30   taken while a nonrecord roll call vote is displayed.
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House Resolution 11 - Introduced continued

 3    1   Photographs may be taken on the house floor at other
 3    2   times with the consent of the subject or subjects of
 3    3   the photography.
 3    4      Rule 4A
 3    5      Use of Telephonic or Electronic Devices in Chamber
 3    6   Restricted
 3    7      1. A person present in the house chamber while the
 3    8   house is in order shall mute any cell phone, computer,
 3    9   or other electronic device under the person's control.
 3   10   The speaker may remove from the chamber any person
 3   11   acting in violation of this rule.
 3   12      2. A member shall not use a cell phone or other
 3   13   electronic device to audibly transmit or receive
 3   14   communications while recognized by the presiding
 3   15   officer to speak in debate.
 3   16      Rule 5
 3   17      Rules of Parliamentary Practice
 3   18      The rules of parliamentary practice in Mason's
 3   19   Manual of Legislative Procedure shall govern the house
 3   20   in all cases where they are not inconsistent with the
 3   21   standing rules of the house, joint rules of the house
 3   22   and senate, or customary practice of the house.
 3   23      Rule 5A
 3   24      House Budget
 3   25      The speaker of the house shall annually prepare a
 3   26   proposed budget for the house of representatives for
 3   27   the payment of expenses, salaries, per diems, and other
 3   28   items. The proposed budget shall be submitted on the
 3   29   fourteenth day of each legislative session to the house
 3   30   administration and rules committee, which shall approve
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House Resolution 11 - Introduced continued

 4    1   a proposed budget in house resolution form. The house
 4    2   shall adopt a budget prior to adjournment.
 4    3      Rule 6
 4    4      The Speaker Pro Tempore
 4    5      The house shall, at its pleasure, elect a speaker
 4    6   pro tempore. When the speaker shall for any cause be
 4    7   absent, the speaker pro tempore shall preside, except
 4    8   when the chair is filled by appointment by either the
 4    9   speaker or the speaker pro tempore. If a vacancy
 4   10   occurs in the office of speaker, the speaker pro
 4   11   tempore shall assume the duties and responsibilities of
 4   12   the speaker until such time as the house shall elect a
 4   13   new speaker. The speaker or the speaker pro tempore
 4   14   shall have the right to name any member to perform the
 4   15   duties of speaker, but such substitution shall not
 4   16   extend beyond the adjournment. The acts of the speaker
 4   17   pro tempore shall have the same validity as those of
 4   18   the speaker. In the absence of both the speaker and
 4   19   the speaker pro tempore, the house shall name a speaker
 4   20   who shall preside over it and perform all the duties of
 4   21   the speaker with the exception of signing bills, until
 4   22   such time as the speaker or speaker pro tempore shall
 4   23   be present, and the person's acts shall have the same
 4   24   force and validity as those of the regularly elected
 4   25   speaker.
 4   26      Rule 7
 4   27      Amendment of Rules
 4   28      A motion to change or rescind a standing rule or
 4   29   order of the house requires one day's notice.
 4   30      Rule 8
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House Resolution 11 - Introduced continued

 5    1   Violation of House Rules
 5    2      The speaker shall, or any member may, call to order
 5    3   a member who violates the rules of the house. With
 5    4   leave of the house, the member called to order may be
 5    5   permitted to explain. If the case requires it, the
 5    6   member shall be subject to censure of the house.
 5    7      Rule 9
 5    8      Referral of Rule Violations
 5    9      The speaker shall, upon complaint of a member,
 5   10   or upon the speaker's own motion, refer any alleged
 5   11   violation of house or joint rules by house members,
 5   12   employees or staff to the house ethics committee upon
 5   13   an initial finding that an investigation is warranted.
 5   14      The ethics committee shall investigate such
 5   15   allegations and report them back to the house with a
 5   16   recommendation.
 5   17      Rule 10
 5   18      Recognition and Decorum in Debate
 5   19      A member who wishes to speak in debate shall be
 5   20   appropriately attired, with male members wearing coat
 5   21   or tie. After recognition by the chair, a member
 5   22   shall respectfully address the presiding officer
 5   23   by saying "Mr. or Madam Speaker". A member shall
 5   24   confine all remarks to the question under debate,
 5   25   shall be respectful of other members, and shall avoid
 5   26   referencing or questioning the motives of another
 5   27   member.
 5   28      Rule 11
 5   29      Limit on Debate
 5   30      No member shall speak more than once on the same
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House Resolution 11 - Introduced continued

 6    1   question without leave of the speaker, nor more than
 6    2   twice until every member choosing to speak has spoken,
 6    3   except as provided in Rule 81. A member shall be
 6    4   limited to ten minutes debate on bills, resolutions,
 6    5   and amendments, but may be granted an extension of time
 6    6   by consent of the house. However, the floor manager
 6    7   of a bill or resolution and the lead sponsor of an
 6    8   amendment may exceed the ten=minute limit on opening
 6    9   and closing remarks.
 6   10      Rule 12
 6   11      Decorum During Debate
 6   12      No member shall leave the house while the speaker
 6   13   is putting a question. No one shall pass between the
 6   14   speaker and a member who is speaking or two members who
 6   15   have been recognized by the speaker.
 6   16      Rule 13
 6   17      Stating the Question
 6   18      When a motion is made, it shall be stated by the
 6   19   speaker. A motion made in writing shall be passed to
 6   20   the speaker's station before it is debated.
 6   21      Rule 14
 6   22      Putting the Question
 6   23      Questions shall be distinctly put in this form:
 6   24   "All those in favor of (the question) shall say 'aye';"
 6   25   and after the affirmative voice is expressed, "All
 6   26   those opposed to (the question) shall say 'no'." If
 6   27   the speaker is in doubt or a member of the house
 6   28   requests, a nonrecord roll call vote shall be taken.
 6   29      DIVISION II == EMPLOYEES OF THE HOUSE
 6   30      Rule 15
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House Resolution 11 - Introduced continued

 7    1   Chief Clerk of the House
 7    2      The chief clerk of the house shall serve as
 7    3   parliamentarian and chief administrative officer of the
 7    4   house under the direction of the speaker of the house.
 7    5   The chief clerk shall supervise the chief clerk's
 7    6   office; be responsible for the custody and safekeeping
 7    7   of all bills, resolutions, and amendments filed,
 7    8   except when they are in the custody of a committee;
 7    9   have charge of the daily journal; have control of all
 7   10   rooms assigned for the use of the house; attest to the
 7   11   accuracy and correctness of text and action on bills
 7   12   and resolutions; process the handling of amendments
 7   13   when filed and during the floor consideration of bills;
 7   14   insert adopted amendments into bills before transmittal
 7   15   to the senate and prior to final enrollment; supervise
 7   16   legislative printing and the distribution of printed
 7   17   material; and perform all other duties pertaining to
 7   18   the office of the chief clerk.
 7   19      Rule 16
 7   20      Legislative and Session Days
 7   21      For purposes of these rules, a legislative day is a
 7   22   day when the house is called to order. A legislative
 7   23   day that runs past midnight is not considered a new
 7   24   legislative day. A session day is any calendar day
 7   25   beginning with the convening of the annual regular
 7   26   session and ending with adjournment sine die.
 7   27      Rule 17
 7   28      Sergeant=At=Arms
 7   29      The sergeant=at=arms shall execute all orders
 7   30   of the house and the presiding officer; perform all
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House Resolution 11 - Introduced continued

 8    1   assigned duties related to the policing and good order
 8    2   of the house; supervise the entrance and exit of all
 8    3   persons to and from the chamber; promptly execute all
 8    4   messages, etc.; provide that the chamber is properly
 8    5   ventilated and open for the use of the members; and
 8    6   perform all other services pertaining to the office of
 8    7   sergeant=at=arms.
 8    8      Rule 18
 8    9      Secretaries
 8   10      Each member may hire a secretary for the legislative
 8   11   session who shall be under the general direction of the
 8   12   member and the chief clerk. Secretaries shall be on
 8   13   duty at the house from 8:00 a.m. to 4:30 p.m. Monday
 8   14   through Thursday and on other legislative days when
 8   15   required by the chief clerk, except when excused by the
 8   16   member for whom the secretary works. Secretaries shall
 8   17   perform such duties as may be assigned to them by the
 8   18   member or the chief clerk.
 8   19      Rule 19
 8   20      Extra Compensation of Employees
 8   21      No employee shall receive any extra compensation,
 8   22   except as provided by the house, or tips for services
 8   23   performed while on duty. Any violation of this rule
 8   24   shall be grounds for removal.
 8   25      DIVISION III == VISITORS AND LOBBYISTS
 8   26      Rule 20
 8   27      Admission to the House; Lobbying
 8   28      The chamber of the house shall include the
 8   29   vestibule, restrooms, bill room, lounge, visitors'
 8   30   galleries, and floor of the house.
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House Resolution 11 - Introduced continued

 9    1   The floor of the house shall consist of the
 9    2   area between the north and south walls, including
 9    3   the representatives' desks, the press box, and the
 9    4   speaker's station, but excluding the visitors'
 9    5   galleries.
 9    6      During a legislative day while the house is in
 9    7   order, no member of the general assembly or legislative
 9    8   employee or intern shall be admitted to the floor of
 9    9   the house if attired in jeans of any color without
 9   10   leave of the speaker.
 9   11      During a legislative day while the house is in
 9   12   order, and one=half hour before the house convenes and
 9   13   one=half hour after the house recesses or adjourns,
 9   14   no person shall be admitted to the floor of the house
 9   15   except:
 9   16      1. Members of the general assembly and authorized
 9   17   legislative employees in the performance of their
 9   18   duties.
 9   19      2. Former members of the general assembly who are
 9   20   not registered lobbyists.
 9   21      3. A general assembly member's family.
 9   22      4. Representatives of the press, radio, and
 9   23   television who shall go directly to and from the press
 9   24   box.
 9   25      5. Legislative interns registered with the chief
 9   26   clerk who shall go directly to and from the seat of
 9   27   their assigned representative or to be seated in the
 9   28   perimeter seating area.
 9   29      6. Designated representatives of a political party
 9   30   having members serving in the house.
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House Resolution 11 - Introduced continued

10    1   7. Members of the state executive council, the
10    2   lieutenant governor, the attorney general, the
10    3   governor's executive assistants and administrative
10    4   assistants, and the administrative rules coordinator,
10    5   all of whom shall be confined to the perimeter area.
10    6      The current status of former members of the general
10    7   assembly shall govern their access to the floor under
10    8   these rules.
10    9      No other persons shall be allowed on the house floor
10   10   while the house is in order without permission of the
10   11   presiding officer of the house. When the house is not
10   12   in order, guests of a member of the general assembly
10   13   escorted by that member shall be allowed on the house
10   14   floor.
10   15      No person admitted to the floor of the house while
10   16   the house is in order, except members of the general
10   17   assembly, shall lobby or attempt to exercise any
10   18   influence with any member for or against any matter
10   19   then pending or that may thereafter be considered by
10   20   the house.
10   21      A registered lobbyist shall not be admitted to
10   22   the floor of the house on any legislative day except
10   23   for ceremonial purposes or for attendance at public
10   24   hearings.
10   25      A lobbyist who represents the position of a state
10   26   government agency, in which the person serves or is
10   27   employed as the designated representative for purposes
10   28   of encouraging the passage or defeat of legislation,
10   29   shall file with the chief clerk of the house a
10   30   statement of the general subjects of legislation
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House Resolution 11 - Introduced continued

11    1   in which the lobbyist is or may be interested, but
11    2   shall not lobby for or against a bill, resolution,
11    3   or study bill unless the lobbyist does so with the
11    4   written authorization and on behalf of a statewide
11    5   elected or retained official. The official's writing
11    6   may authorize the lobbyist to register and lobby for
11    7   or against any or all bills in which the lobbyist is
11    8   or may be interested or may restrict the lobbyist to
11    9   register and lobby for or against only some bills
11   10   in which the lobbyist is or may be interested. The
11   11   written authorizations shall be filed with the chief
11   12   clerk, according to a procedure established by the
11   13   clerk for the filing of the authorizations and for
11   14   making them available to the public, by the following
11   15   statewide elected or retained official for the
11   16   following offices, departments, agencies, and branch:
11   17      By the attorney general, auditor of state, secretary
11   18   of state, and treasurer of state, for their respective
11   19   offices.
11   20      By the secretary of agriculture, for the department
11   21   of agriculture and land stewardship.
11   22      By the chairperson of the ethics and campaign
11   23   disclosure board, for the executive director, legal
11   24   counsel, and other employees of the board.
11   25      By the governor, for all other executive branch
11   26   offices and departments.
11   27      By the chief justice of the supreme court, for the
11   28   judicial branch.
11   29      Each member, employee of the house, and registered
11   30   lobbyist shall report violations of this rule
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House Resolution 11 - Introduced continued

12    1   immediately to the sergeant=at=arms.
12    2      Any person for cause may be summarily dismissed
12    3   from the chamber of the house, by action of the house,
12    4   and may forfeit that person's right to admission
12    5   thereafter.
12    6      Rule 20A
12    7      Legislative Interns
12    8      A member may appoint one or more interns who shall
12    9   register with the chief clerk. Only one legislative
12   10   intern per member of the house is allowed on the floor
12   11   of the house at any one time.
12   12      Rule 21
12   13      Distribution of Literature
12   14      No person except a member or employee of the house
12   15   of representatives shall generally distribute or cause
12   16   to be distributed any pamphlets, material, or other
12   17   printed literature, or any other items to the members'
12   18   desks in the house. An employee of the house shall
12   19   generally distribute or cause to be distributed such
12   20   literature or items only on behalf of the employee's
12   21   office or staff. Items which are permissible gifts
12   22   under chapter 68B of the Code may be distributed to
12   23   the members' desks with the authorization of the chief
12   24   clerk.
12   25      All copies of pamphlets, material, or printed
12   26   literature distributed by a member or employee of the
12   27   house of representatives shall bear the name of the
12   28   member or employee's office or staff.
12   29      Other distributions of pamphlets, material, or other
12   30   printed literature shall bear their source of origin
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House Resolution 11 - Introduced continued

13    1   and be distributed through the legislative post office
13    2   by completing a form containing a member's or the chief
13    3   clerk's authorization, with the authorization form
13    4   attached to one copy of the distribution. The copy
13    5   with the attached authorization form shall be retained
13    6   for a reasonable time period by the legislative post
13    7   office.
13    8      Rule 22
13    9      Distribution of Materials Printed by the State
13   10      A member of the house shall not distribute maps,
13   11   books, and pamphlets which have been printed by the
13   12   state of Iowa and upon which the name of the member
13   13   of the house has been affixed unless the member has
13   14   purchased the materials or unless the member has
13   15   affixed the words "Paid for by the citizens of Iowa and
13   16   distributed by representative (member's name)."
13   17      DIVISION IV == FORMS AND PROCEDURES FOR BILLS AND OTHER
13   18   DOCUMENTS
13   19      Rule 23
13   20      Documents Signed by the Speaker
13   21      All acts and joint resolutions shall be signed by
13   22   the speaker, and all writs, warrants, and subpoenas
13   23   issued by order of the house, shall be signed by the
13   24   speaker and attested by the chief clerk. The speaker
13   25   shall cause certificates of recognition or condolence
13   26   to be issued by the house which shall be signed by
13   27   the speaker and the chief clerk. The chief clerk
13   28   shall maintain a list of certificates issued including
13   29   the name of the requesting member of the house, the
13   30   name of the recipient, the reason for recognition or
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House Resolution 11 - Introduced continued

14    1   condolence, and the date of issuance.
14    2      Rule 24
14    3      Presentation of Petitions
14    4      All petitions, memorials, and other papers addressed
14    5   to the house shall be signed by the member and filed
14    6   with the chief clerk. The receipt of petitions shall
14    7   be noted in the journal and such petitions shall be
14    8   available in the office of the chief clerk.
14    9      Rule 25
14   10      Consideration of Simple and Concurrent Resolutions
14   11      Action on a simple or concurrent resolution, except
14   12   a memorial resolution, shall not be taken until one day
14   13   after the resolution has been placed on the members'
14   14   desks. After the resolution is adopted, the chief
14   15   clerk shall have the resolution printed in the compiled
14   16   journal and shall transmit certified copies of the
14   17   resolution as directed.
14   18      Rule 26
14   19      Unanimous Consent Calendar
14   20      The speaker may, upon the request of three members,
14   21   place on a unanimous consent calendar any house
14   22   resolution or concurrent resolution which does not
14   23   contain an appropriation and which has been laid over
14   24   under Rule 25.
14   25      If such resolution is placed on the unanimous
14   26   consent calendar, it may be removed only upon a written
14   27   request submitted to the speaker by a member of the
14   28   house.
14   29      If not removed after five legislative days, the
14   30   chief clerk shall call up the resolution and without
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House Resolution 11 - Introduced continued

15    1   debate the speaker shall pronounce that it has passed
15    2   by unanimous consent.
15    3      If the resolution is removed from the unanimous
15    4   consent calendar, the speaker may again lay the
15    5   resolution over under Rule 25, place it on a different
15    6   calendar, or refer the resolution to any of the
15    7   standing committees of the house.
15    8      Rule 26A
15    9      Senate Bills and Resolutions
15   10      A senate bill or resolution may be referred to a
15   11   standing committee or passed on file.
15   12      Rule 27
15   13      Forms of Bills and Joint Resolutions
15   14      Every house bill shall be introduced by one or more
15   15   members or by any standing or specially authorized
15   16   committee of the house or the administrative rules
15   17   review committee. All bills and joint resolutions
15   18   introduced shall be prepared by the legislative
15   19   services agency with title, enacting clause, text
15   20   and explanation as directed by the chief clerk of the
15   21   house. One copy of each bill shall be presented in a
15   22   bill cover with the number of copies of the bill and
15   23   the title as directed by the chief clerk.
15   24      Rule 28
15   25      Joint and Nullification Resolutions
15   26      Joint resolutions shall be framed and treated as
15   27   bills.
15   28      A "nullification resolution" is a joint resolution
15   29   which nullifies all of an administrative rule, or
15   30   a severable item of an administrative rule adopted
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House Resolution 11 - Introduced continued

16    1   pursuant to chapter 17A of the Code. A nullification
16    2   resolution shall not amend an administrative rule by
16    3   adding language or by inserting new language in lieu
16    4   of existing language.
16    5      A nullification resolution may be introduced by an
16    6   individual, a standing committee or the administrative
16    7   rules review committee, and may be referred to a
16    8   standing committee. A nullification resolution is
16    9   debatable, but cannot be amended on the floor of the
16   10   house.
16   11      Rule 29
16   12      Time of Introduction of Bills
16   13      No bill or joint resolution under individual
16   14   sponsorship, other than a nullification resolution,
16   15   shall be read for the first time after 4:30 p.m. on
16   16   Friday of the 6th 5th week of the first regular session
16   17   of the general assembly unless a formal request for
16   18   drafting the bill has been filed with the legislative
16   19   services agency before that time.
16   20      After adjournment of the first regular session,
16   21   bills may be prefiled at any time before the convening
16   22   of the second regular session. No bill or joint
16   23   resolution under individual sponsorship, other than a
16   24   nullification resolution, shall be read for the first
16   25   time after 4:30 p.m. on Friday of the second week of
16   26   the second regular session of the general assembly
16   27   unless a formal request for drafting the bill has been
16   28   filed with the legislative services agency before that
16   29   time.
16   30      However, bills or joint resolutions sponsored
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House Resolution 11 - Introduced continued

17    1   by standing committees or the administrative rules
17    2   review committee, co=sponsored by the majority and
17    3   minority floor leaders, or companion bills sponsored
17    4   by the house majority leader and the senate majority
17    5   leader may be drafted and introduced at any time
17    6   permissible under Joint Rule 20. House, concurrent,
17    7   and nullification resolutions may be introduced at any
17    8   time.
17    9      Rule 30
17   10      Introduction and Reading of Bills
17   11      All bills and resolutions to be introduced in
17   12   the house shall be prepared in proper form and filed
17   13   with the chief clerk no later than 4:30 p.m. on the
17   14   legislative day preceding its introduction.
17   15      Every bill shall receive two readings but no bill
17   16   shall receive its first and last readings on the same
17   17   day.
17   18      A "reading of a bill" as required by these rules
17   19   shall consist of a reading of the title and enacting
17   20   clause.
17   21      Rule 31
17   22      First Reading, Commitment, and Amendment
17   23      1. A bill is introduced into the house by an
17   24   initial or "first reading of the bill".
17   25      2. When the house is in session the first reading
17   26   shall consist of a "reading" as provided in Rule 30.
17   27      3. Upon a first reading of the bill, the speaker
17   28   shall state that it is ready for commitment or
17   29   amendment; and the speaker shall commit it to the
17   30   standing or select committee, or to a committee of the
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House Resolution 11 - Introduced continued

18    1   whole house. If to a committee of the whole house, the
18    2   house shall determine on what day.
18    3      4. On a nonlegislative day the speaker may cause a
18    4   statement, which shall consist of the title, enacting
18    5   clause, bill number and committee to which the bill
18    6   is referred, to be published in the house journal.
18    7   This publication shall constitute a first reading and
18    8   commitment and shall contain the notation "read and
18    9   committed under Rule 31".
18   10      5. All amendments offered to bills and resolutions
18   11   shall be accompanied by such copies as the chief clerk
18   12   shall direct.
18   13      6. Such amendments shall give the number of
18   14   the bill sought to amend and the chief clerk shall
18   15   designate each such amendment thus: Amendment to
18   16   House File _________, or Senate File ________, by
18   17   ___________.
18   18      7. A bill reported out by committee shall go to the
18   19   speaker who shall direct that the bill be placed on the
18   20   regular calendar unless it covers subject matter more
18   21   properly within the jurisdiction of some other standing
18   22   committee, in which case the speaker shall refer the
18   23   bill to the proper standing committee. In order to
18   24   expedite important business and set a definite time for
18   25   the bill's consideration, the speaker may direct the
18   26   bill to be placed on the special order calendar.
18   27      8. No amendment to the rules of the house, to
18   28   any resolution or bill, except technical amendments
18   29   and amendments to bills substituted for by senate
18   30   files containing substantially identical title,
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House Resolution 11 - Introduced continued

19    1   language, subject matter, purpose and intrasectional
19    2   arrangement, shall be considered by the membership
19    3   of the house without a copy of the amendment having
19    4   been filed with the chief clerk by 4:00 p.m. or within
19    5   one=half hour of adjournment, whichever is later,
19    6   on the day preceding floor debate on the amendment.
19    7   If the house adjourns prior to 2:00 p.m. on Friday,
19    8   the final deadline is two hours after adjournment.
19    9   However, committee amendments filed pursuant to the
19   10   submission of the committee report may be accepted
19   11   after this deadline. This provision shall not apply
19   12   to any proposal debated on the floor of the house
19   13   after the fourteenth thirteenth week of the first
19   14   session and the twelfth week of the second session.
19   15   No amendment or amendment to an amendment to a bill,
19   16   rule of the house, or resolution shall be considered
19   17   by the membership of the house without a copy of the
19   18   amendment being on the desks of the entire membership
19   19   of the house prior to consideration. However, the
19   20   membership of the house may consider an amendment or an
19   21   amendment to an amendment to a bill, rule of the house,
19   22   or resolution without a copy of the amendment being
19   23   on the desks of the entire membership of the house
19   24   prior to consideration if a copy of the amendment is
19   25   made available to the entire membership of the house
19   26   electronically.
19   27      Rule 32
19   28      Commitment of Appropriation and Revenue Bills
19   29      All bills to appropriate money shall be referred to
19   30   the appropriations committee, and all bills pertaining
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House Resolution 11 - Introduced continued

20    1   to the levy, assessment, or collection of taxes or fees
20    2    shall be referred to the committee on ways and means.
20    3      Rule 33
20    4      Regular Calendar
20    5      Bills, nullification resolutions, and joint
20    6   resolutions reported out for passage, amendment and
20    7   passage, or without recommendation by a committee,
20    8   or passed on file shall be arranged on a regular
20    9   calendar by the chief clerk each day and electronically
20   10   distributed to the members at the opening of each
20   11   legislative day. The regular calendar shall include
20   12   a list of bills, nullification resolutions, and joint
20   13   resolutions which have been special ordered, including
20   14   the date upon which debate is scheduled to begin
20   15   on each of them, which shall be no sooner than five
20   16   session days from the first date of publication on the
20   17   regular calendar.
20   18      Rule 34
20   19      Daily Debate Calendar
20   20      The majority floor leadership shall cause to
20   21   be prepared and distributed to the members at the
20   22   opening of each legislative day when floor action is
20   23   scheduled, a daily debate calendar consisting of bills,
20   24   nullification resolutions, and joint resolutions from
20   25   the regular calendar setting forth the number and
20   26   title of bills, nullification resolutions, and joint
20   27   resolutions for the next legislative day that floor
20   28   action is scheduled.
20   29      This rule does not apply to bills which have passed
20   30   both houses in different forms, reconsiderations, or
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House Resolution 11 - Introduced continued

21    1   veto reconsiderations.
21    2      Rule 35
21    3      Substitution of Bills
21    4      A senate bill or resolution may be substituted
21    5   for an identical house bill or resolution which has
21    6   been called up for debate. An amendment to a senate
21    7   bill or resolution which has been substituted for an
21    8   identical house bill or resolution is out of order if
21    9   an identical amendment to the house bill or resolution
21   10   was considered.
21   11      Rule 36
21   12      Consideration of Committee Amendments
21   13      After a bill has been referred and reported back,
21   14   it shall be considered on its first reading after the
21   15   amendments of the committee have been read.
21   16      Rule 37
21   17      Amendments to Special Order Bills
21   18      All amendments to bills which have been special
21   19   ordered shall be filed at least three session days
21   20   prior to the date set for debate. Amendments to an
21   21   amendment shall be filed at least two session days
21   22   prior to the date set for debate. However, corrective
21   23   amendments and amendments sponsored by either the
21   24   majority floor leader or the minority floor leader may
21   25   be filed at any time. Rule 31, subsection 8, shall not
21   26   apply to these amendments.
21   27      A corrective amendment is an amendment which does
21   28   not substantively change the amendment or the bill.
21   29      Rule 38
21   30      Germaneness Germane Amendments
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House Resolution 11 - Introduced continued

22    1   An amendment must be germane to the subject matter
22    2   of the bill it seeks to amend. An amendment to an
22    3   amendment must be germane to both the amendment and the
22    4   bill it seeks to amend. When a member questions the
22    5   germaneness of an amendment objects to an amendment on
22    6   grounds that the amendment is not germane, the speaker
22    7   may invite members, who shall include the majority and
22    8   minority leaders, to the speaker's station to discuss
22    9   the objection.
22   10      Rule 39
22   11      Consideration of Bills
22   12      Bills, including committee bills, joint resolutions,
22   13   and nullification resolutions, reported out for
22   14   passage, for amendment and passage, or without
22   15   recommendation by the committee, are first eligible to
22   16   be acted upon beginning the third legislative day they
22   17   appear on the regular calendar.
22   18      Committee reports shall be printed in the journal
22   19   immediately after they are filed with the chief clerk.
22   20   Reports recommending bills, joint resolutions, and
22   21   nullification resolutions for passage, for amendment
22   22   and passage, or without recommendation shall stand
22   23   approved unless written objections are filed during
22   24   the first legislative day following their printing in
22   25   the journal. If objections are filed, they shall be
22   26   disposed of as soon as possible.
22   27      Rule 40
22   28      Consideration of Bills Upon Last Reading
22   29      No amendment, unless by way of correcting an error
22   30   or omission, shall be received to any bill on its last
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House Resolution 11 - Introduced continued

23    1   reading, and no debate shall be allowed on it.
23    2      Rule 41
23    3      Printing of Bills and Joint Resolutions
23    4      Bills and joint resolutions shall be printed in form
23    5   as provided by law and by rule. Each house may direct
23    6   the printing of an additional number of its own bills.
23    7      Legalizing bills of a local or private nature shall
23    8   be printed in bill form and placed in the files of the
23    9   members, the same as other bills, in the order of their
23   10   introduction. The cost of printing shall be deposited
23   11   with the treasurer of state in advance at a rate to be
23   12   fixed, and the newspaper publication of the bill shall
23   13   be without cost to the state. No legalizing act may
23   14   be introduced until all provisions of law have been
23   15   complied with.
23   16      Rule 42
23   17      Certification and Engrossment of Bills
23   18      The chief clerk shall certify the passage of each
23   19   bill and note the date of its passage.
23   20      In engrossing a bill, the chief clerk shall
23   21   correct all obvious typographical, spelling, or other
23   22   clerical errors and change section subunit numbers
23   23   and letters and internal references as required to
23   24   conform the original bill to any amendments which have
23   25   been adopted. The chief clerk shall report all such
23   26   corrections or changes in the journal. The engrossed
23   27   bill shall be placed in the bill file with the original
23   28   bill and amendments.
23   29      Rule 43
23   30      Rereferral
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House Resolution 11 - Introduced continued

24    1   A bill may be rereferred by the speaker or, upon
24    2   motion, by the house at any time before its passage and
24    3   after the report of its referral to committee.
24    4      Rule 44
24    5      Effect of Indefinite Postponement
24    6      When a question is indefinitely postponed, it shall
24    7   not be acted upon again during that session.
24    8      Rule 45
24    9      Status of Bills Following First Regular Session
24   10      Except for those bills which have been adopted by
24   11   both houses in different forms, all bills which have
24   12   not been withdrawn, defeated or indefinitely postponed,
24   13   shall be rereferred to committee upon adjournment of
24   14   the first regular session. Within seven days after
24   15   the first committee meeting following convening of
24   16   the second regular session, the committee chair shall
24   17   submit the bill to the full committee for action or the
24   18   chair shall reassign the bill to a subcommittee.
24   19      DIVISION V == COMMITTEE PROCEDURES
24   20      Rule 46
24   21      Appointment of Committees
24   22      All committees shall be appointed by the speaker,
24   23   unless otherwise especially directed by the house.
24   24   Minority party members of a committee shall be
24   25   appointed by the speaker upon recommendation of the
24   26   minority leader.
24   27      Rule 47
24   28      Reserved
24   29      Rule 48
24   30      Study Bills
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House Resolution 11 - Introduced continued

25    1   A study bill is any matter which a member of
25    2   the house wishes to have considered by a standing
25    3   committee, other than appropriations, without being
25    4   introduced in the house by a first reading. A
25    5   study bill shall be prepared in proper form by the
25    6   legislative services agency prior to submission.
25    7      Upon taking possession of a study bill, the
25    8   committee chair shall notify the speaker and then
25    9   submit four copies of the bill to the legal counsel's
25   10   office for numbering.
25   11      A study bill shall bear the name of the member who
25   12   wishes to have the bill considered. A study bill
25   13   submitted by a state agency or board for consideration
25   14   shall bear the name of the state agency or board. A
25   15   committee chair may submit a study bill in the name of
25   16   that committee.
25   17      Final committee action on a study bill shall not be
25   18   taken until one day following the notation of the study
25   19   bill assignment in the house journal.
25   20      Rule 49
25   21      Committee Meetings
25   22      No committee, except a conference committee or the
25   23   administrative rules review committee, shall meet
25   24   while the house is in session without special leave.
25   25   Committees with overlapping memberships shall not meet
25   26   at the same time without special leave.
25   27      Rule 50
25   28      Smoking Prohibited
25   29      Smoking shall not be permitted in the house or in
25   30   any area of the capitol building.
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House Resolution 11 - Introduced continued

26    1   Rule 50A
26    2      Nondegradable Polystyrene Cups
26    3      The use of nondegradable polystyrene cups shall not
26    4   be permitted on the floor of the house.
26    5      Rule 51
26    6      Assignments to Subcommittee
26    7      The chair of the committee shall report to the house
26    8   the bill number of each bill assigned to subcommittee
26    9   and the names of the subcommittee members. The report
26   10   shall be printed in the journal.
26   11      All bills, prior to consideration by the committee,
26   12   shall be referred by the chair to a subcommittee,
26   13   unless acted upon by a committee of the whole.
26   14      The chair may assign bills to subcommittees without
26   15   a meeting of the committee, but the membership of the
26   16   subcommittee so appointed shall be reported at the next
26   17   meeting of the committee.
26   18      Rule 52
26   19      Open Meetings
26   20      Standing committee meetings shall be open, and
26   21   voting by secret ballot is prohibited. The committee
26   22   on administration and rules may close its meetings to
26   23   evaluate the professional competency of an individual
26   24   whose appointment, hiring, performance, or discharge is
26   25   being considered when necessary to prevent needless and
26   26   irreparable injury to that individual's reputation on
26   27   the request of the affected individual.
26   28      Rule 53
26   29      Quorum and Vote Requirements
26   30      The committee roll shall be taken at the convening
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House Resolution 11 - Introduced continued

27    1   of each meeting to determine the presence of a quorum.
27    2   A majority of the committee membership shall constitute
27    3   a quorum.
27    4      An affirmative vote of a majority of the committee
27    5   membership is required to report a bill out of
27    6   committee or to suspend a committee rule.
27    7      A motion to reconsider may be made only by a
27    8   committee member who voted on the prevailing side of
27    9   the question sought to be reconsidered. A motion to
27   10   reconsider may only be made prior to the adjournment of
27   11   the committee meeting at which the bill was reported
27   12   out.
27   13      If a member, who is in the committee room when a
27   14   question to report a bill out of committee is put, has
27   15   not asked to be excused prior to commencing to take
27   16   the vote on the question, the member shall vote aye or
27   17   nay unless the committee has excused the member for
27   18   special reasons. However, a member may pass on the
27   19   first taking of the roll call on the question but shall
27   20   vote aye or nay when the member's name is called for a
27   21   second time.
27   22      Rule 54
27   23      Committee Attendance Record and Report of Committee
27   24   Form
27   25      1. A committee attendance record shall be filed
27   26   with the chief clerk no later than 10:00 a.m. or two
27   27   hours after the house convenes, whichever is later,
27   28   of the legislative day immediately following the day
27   29   of the committee meeting. The committee attendance
27   30   record is a public record and may be published in the
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House Resolution 11 - Introduced continued

28    1   journal. The committee attendance record shall include
28    2   the following information:
28    3      a. The time the meeting convened.
28    4      b. The members present at the meeting.
28    5      c. The time the meeting adjourned.
28    6      d. A list of bills receiving final committee
28    7   disposition.
28    8      2. A report of committee form shall be filed with
28    9   the chief clerk no later than 10:00 a.m. or two hours
28   10   after the house convenes, whichever is later, of the
28   11   legislative day immediately following the day of the
28   12   committee meeting for each study bill, numbered bill
28   13   or resolution receiving final committee disposition.
28   14   The report of committee form is a public record and
28   15   a report of committee action shall be printed in the
28   16   journal. The report of committee form shall include
28   17   the following information:
28   18      a. The committee action taken.
28   19      b. The committee amendment number, if any.
28   20      c. The roll call vote of the committee on final
28   21   disposition.
28   22      d. The minority recommendation, if any.
28   23      3. Upon final adjournment of the first session
28   24   and final adjournment of the second session of the
28   25   general assembly, the chair of each committee shall
28   26   have placed the committee's book of record containing
28   27   minutes, record roll calls on final disposition, record
28   28   roll call votes on any amendments considered, rules,
28   29   etc., with the chief clerk for access of any interested
28   30   person.
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House Resolution 11 - Introduced continued

29    1   Rule 55
29    2      Minority Recommendation
29    3      The minority of the members of a committee may
29    4   present its recommendations on the final disposition
29    5   of a bill to the house by attaching its recommendation
29    6   to the committee report. The minority recommendation
29    7   shall be noted in the journal along with the committee
29    8   report.
29    9      Rule 56
29   10      Committee Amendment
29   11      Whenever a committee amendment is proposed which
29   12   would amend another committee amendment, the amendment
29   13   shall be drafted in the form of a substitute amendment
29   14   and shall be considered as such.
29   15      Rule 57
29   16      Committee Notice and Agenda
29   17      Each committee shall prepare and publish a notice
29   18   and agenda of each committee meeting at least one
29   19   legislative day prior to the meeting. The notice and
29   20   agenda may be placed on the desks of or transmitted
29   21   electronically to committee members.
29   22      The notice shall contain the committee name, the
29   23   date, time, and location of the meeting.
29   24      The agenda shall contain the matters to be
29   25   discussed, including a list of bills, joint
29   26   resolutions, nullification resolutions, and study
29   27   bills by number. The agenda should contain the names
29   28   of individuals who are scheduled to appear before the
29   29   committee and the organization which they represent.
29   30      A bill, joint resolution, nullification resolution,
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House Resolution 11 - Introduced continued

30    1   or study bill shall not be reported out of committee if
30    2   the bill was not included in the published notice and
30    3   agenda unless this rule is suspended by a majority of
30    4   the total membership of the committee.
30    5      A committee chair may call a meeting without
30    6   providing the required notice and agenda upon leave
30    7   of the house if a notice is either electronically
30    8   transmitted to committee members or placed on the desks
30    9   of committee members.
30   10      Rule 58
30   11      Clearing of Committee Room
30   12      The chair of a committee may clear the committee
30   13   room in case of any disturbance or disorderly conduct.
30   14      Rule 58A
30   15      Use of Telephonic or Electronic Devices in Committee
30   16   Rooms Restricted
30   17      1. In any committee room while a standing committee
30   18   is in session:
30   19      a. A person shall mute any cell phone, computer, or
30   20   other electronic device under the person's control.
30   21      b. A person shall not use a cell phone or other
30   22   electronic device to audibly transmit or receive
30   23   communications.
30   24      2. The chair or acting chair of a standing
30   25   committee may clear the committee room of any person
30   26   acting in violation of this rule.
30   27      Rule 59
30   28      Committee Amendments
30   29      All amendments to a bill or resolution adopted in
30   30   committee shall be incorporated in a single committee
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House Resolution 11 - Introduced continued

31    1   amendment or incorporated in a new committee bill.
31    2      Rule 60
31    3      Withdrawal of Bills, Joint Resolutions, or
31    4   Nullification Resolutions From Committee
31    5      A bill, joint resolution, or nullification
31    6   resolution which has been in committee for eighteen
31    7   legislative days following notation of such referral
31    8   in the journal may be withdrawn from the committee and
31    9   placed on the calendar by an affirmative vote of not
31   10   less than fifty=one members of the house.
31   11      Rule 61
31   12      Committee Public Hearings
31   13      The chair of a committee may call a public hearing
31   14   for the purpose of receiving public comment on any
31   15   matter within the purview of the committee.
31   16      The chair shall call a public hearing upon the
31   17   written request of committee members according to
31   18   committee rules, but no more than one=third of the
31   19   committee members shall be required.
31   20      A public hearing shall not be called or requested
31   21   after final action on the bill, joint resolution,
31   22   or nullification resolution has been taken by the
31   23   committee. However, a public hearing called or
31   24   requested before final action has been taken by the
31   25   committee may be held after final action on the bill,
31   26   joint resolution, or nullification resolution has been
31   27   taken by the committee.
31   28      The chair shall designate a time and place for a
31   29   public hearing and provide public notice at least five
31   30   days prior to a public hearing.
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House Resolution 11 - Introduced continued

32    1   A bill, joint resolution, or nullification
32    2   resolution for which a public hearing has been called
32    3   can be voted to the calendar but cannot be debated
32    4   until after the public hearing has been held.
32    5      However, public hearings which have been requested
32    6   during or after the 9th week of the first session and
32    7   during or after the 7th week of the second session must
32    8   be held within four legislative days of the date of the
32    9   request.
32   10      Rule 62
32   11      Limitation on Filing of Claims
32   12      All claims shall be referred to the appropriations
32   13   committee. A claim referred to the appropriations
32   14   committee in a prior session of the general assembly
32   15   shall not be considered by the appropriations
32   16   committee or by the house unless it has been
32   17   specifically referred to this session by a vote of the
32   18   appropriations committee. The appropriations committee
32   19   is authorized to set a definite date each session after
32   20   which it will not receive claims or claim bills for
32   21   consideration.
32   22      DIVISION VI == COMMITTEE OF THE WHOLE
32   23      Rule 63
32   24      Organization of Committee of the Whole
32   25      In forming the committee of the whole house, the
32   26   speaker shall appoint a member to preside in committee
32   27   and then leave the chair.
32   28      Rule 64
32   29      Rules in Committee of the Whole
32   30      The rules of the house shall be observed in
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House Resolution 11 - Introduced continued

33    1   committee of the whole house, so far as they are
33    2   applicable.
33    3      Rule 65
33    4      Bills in Committee of the Whole
33    5      Bills committed to the committee of the whole house
33    6   shall first be debated by section. After the report
33    7   of the committee of the whole, the bill shall again be
33    8   subject to debate and amendment before a vote is had on
33    9   its last reading and passage.
33   10      Rule 66
33   11      Amendments by Committee of the Whole
33   12      All amendments made to a report committed to a
33   13   committee of the whole house shall be noted and
33   14   reported as in the case of bills.
33   15      DIVISION VII == MOTIONS
33   16      Rule 67
33   17      Order and Precedence of Motions
33   18      The following order of motions, listed in order
33   19   of precedence, shall govern when a question is under
33   20   debate:
33   21      1. Adjourn.
33   22      2. Recess.
33   23      3. Questions of privilege.
33   24      4. Lay on the table.
33   25      5. Previous question.
33   26      6. Limit debate.
33   27      7. Postpone definitely or to a certain time.
33   28      8. Refer or rerefer.
33   29      9. Defer.
33   30      10. Amend an amendment.
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House Resolution 11 - Introduced continued

34    1   11.  Amend.
34    2      12. Postpone indefinitely.
34    3      A motion to postpone definitely or to a certain
34    4   time, to refer or commit, or to postpone indefinitely a
34    5   particular question shall not be considered more than
34    6   once on the same day.
34    7      Adoption of a motion to strike the enacting words is
34    8   equivalent to rejection of the question.
34    9      Rule 68
34   10      Order of Consideration of Amendments
34   11      Amendments shall be considered by earliest position
34   12   in the bill. Amendments to the same place in the bill
34   13   shall be considered by the lowest amendment number. An
34   14   amendment which inserts language after a line and an
34   15   amendment which inserts language before the succeeding
34   16   line shall be considered amendments to the same place
34   17   in the bill.
34   18      However, an amendment to strike the enacting clause
34   19   shall always be considered first. An amendment filed
34   20   by a committee shall have the next highest order of
34   21   priority, followed by an amendment to strike everything
34   22   after the enacting clause and insert new language. An
34   23   amendment to strike language or to strike and insert
34   24   new language, except an amendment to strike everything
34   25   after the enacting clause and insert new language,
34   26   shall not be considered before amendments to perfect
34   27   all or part of the same portion of the bill.
34   28      Rule 69
34   29      Motions Not Debatable
34   30      The following motions are not debatable:
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House Resolution 11 - Introduced continued

35    1   1.  Adjourn.
35    2      2. Adjourn to a certain time.
35    3      3. Suspend house rules.
35    4      4. Previous question.
35    5      5. Close debate at a certain time.
35    6      6. Recess.
35    7      7. Defer.
35    8      8. Refer or rerefer.
35    9      9. Lay on the table.
35   10      10. Take from the table.
35   11      11. Call of the house.
35   12      12. Withdraw a bill or resolution from committee.
35   13      13. Appeal a decision of the chair.
35   14      14. Immediately message a bill or resolution.
35   15      Rule 69A
35   16      Constitutional Majority
35   17      1. The following motions require a constitutional
35   18   majority for approval:
35   19      a. Final passage of a bill, joint resolution, or
35   20   nullification resolution.
35   21      b. Lay on the table.
35   22      c. Take from the table.
35   23      d. Suspend house rules.
35   24      e. Previous question.
35   25      f. Withdraw a bill or resolution from committee.
35   26      g. Reconsider a bill, joint resolution, or
35   27   nullification resolution.
35   28      h. Immediately message a bill or resolution.
35   29      2. A division must be taken on any motion which
35   30   requires a constitutional majority.
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House Resolution 11 - Introduced continued

36    1   Rule 70
36    2      Motion to Adjourn
36    3      A motion to adjourn shall always be in order, except
36    4   when a member is speaking or the house is voting.
36    5      Rule 71
36    6      Withdrawal of Motions
36    7      After a motion is stated by the speaker or read by
36    8   the chief clerk, it shall be deemed to be in possession
36    9   of the house, but may be withdrawn by leave of the
36   10   house.
36   11      Rule 72
36   12      Unanimous Consent
36   13      Unanimous consent of the members may be asked for
36   14   suspension of any rule of the house. If there is no
36   15   objection to the request, the rule shall be considered
36   16   suspended.
36   17      Rule 73
36   18      Reconsideration
36   19      1. A motion to reconsider may be made only by a
36   20   member who voted on the prevailing side of the question
36   21   sought to be reconsidered.
36   22      2. A motion to reconsider may be made not later
36   23   than adjournment on the legislative day following
36   24   the legislative day of the action sought to be
36   25   reconsidered. Where the floor manager voted on
36   26   the prevailing side, the floor manager has the
36   27   prior right to make the motion, until adjournment
36   28   on the legislative day of the action sought to be
36   29   reconsidered. A motion to reconsider a nullification
36   30   resolution shall be acted upon not later than
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House Resolution 11 - Introduced continued

37    1   adjournment on the legislative day following
37    2   the legislative day of the action sought to be
37    3   reconsidered.
37    4      3. A motion to reconsider made beginning the
37    5   fifteenth week of the first regular session, or the
37    6   thirteenth week of the second regular session, may be
37    7   taken up when made. A motion made at any other time
37    8   may be taken up prior to the third legislative day
37    9   succeeding the legislative day of the action sought
37   10   to be reconsidered only if called up by the mover,
37   11   and after the second legislative day succeeding the
37   12   legislative day of the action sought to be reconsidered
37   13   if called up by any member.
37   14      4. The making of a motion to reconsider takes
37   15   precedence over all other questions.
37   16      5. When passage, adoption, or failure of any
37   17   bill, joint resolution, or nullification resolution
37   18   is reconsidered, questions on amendments may also be
37   19   reconsidered and shall be disposed of immediately.
37   20      6. In the event that a motion to reconsider
37   21   is pending at the end of the first session or any
37   22   extraordinary session of any general assembly, or the
37   23   general assembly adjourns sine die, and the motion to
37   24   reconsider has not been voted upon by the house, the
37   25   motion shall be determined to have failed.
37   26      DIVISION VIII == VOTING
37   27      Rule 74
37   28      Manner of Voting
37   29      Members present may cast their votes, either
37   30   by operating the voting mechanism located at their
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House Resolution 11 - Introduced continued

38    1   assigned desk or by signaling the speaker from the
38    2   floor of the house or from the south visitors' gallery
38    3   if they are unable to vote at their assigned desk.
38    4   Only a member may operate the voting mechanism at that
38    5   member's assigned desk. The speaker shall announce the
38    6   votes of members signaling their votes. Upon direction
38    7   of the speaker only those members at their desks and
38    8   voting shall be counted. Members who are not present
38    9   shall not cast their votes except:
38   10      1. Members who have not voted may record their
38   11   votes on any record roll call vote except quorum
38   12   calls within ten minutes after the outcome of the
38   13   vote has been announced. Members shall initial their
38   14   recorded votes on a copy of the record roll call at the
38   15   speaker's station. However, if the aggregate of votes
38   16   cast under this rule would change the outcome of the
38   17   vote on a question, then none of the votes cast on the
38   18   question under this rule shall be recorded. A member
38   19   may request announcement of the names of members so
38   20   recorded after the ten=minute period.
38   21      2. Members meeting in a conference committee
38   22   or in administrative rules review committee at the
38   23   time a vote is taken on a question may have their
38   24   vote recorded within thirty minutes or adjournment,
38   25   whichever is first, of that same legislative day,
38   26   provided the aggregate of votes cast does not change
38   27   the outcome of the vote on a question.
38   28      Rule 75
38   29      Voting in the House and Duty of Voting
38   30      Voting on a question put to the house shall not
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House Resolution 11 - Introduced continued

39    1   occur between midnight and 8 a.m. on any legislative
39    2   day except for voting on a motion to adjourn. Except
39    3   as limited in Rule 76, every member who is in the house
39    4   when a question is put shall vote unless the house has
39    5   excused that member from voting for special reasons;
39    6   however, such member must have asked to be excused from
39    7   voting prior to the time the speaker puts the question.
39    8      Rule 76
39    9      Limitation on Right to Vote
39   10      No member shall vote on any question in which
39   11   the member or the member's immediate family member,
39   12   as defined in chapter 68B of the Code, has a direct
39   13   financial interest different from other similarly
39   14   situated persons or classes of persons of the general
39   15   public.
39   16      Rule 77
39   17      Call of the House
39   18      Upon written request of five members, the presiding
39   19   officer shall compel attendance of absent and unexcused
39   20   members for the consideration of specified bills,
39   21   resolutions, or amendments.
39   22      A call of the house shall specify the propositions
39   23   to which it is to apply and must be put into effect
39   24   before roll call is taken on the proposition. The
39   25   request may be filed with the chief clerk at any time
39   26   before final action upon the propositions, who shall
39   27   notify the house immediately.
39   28      Rule 78
39   29      Method of Calling the House
39   30      Upon a call of the house, the names of the members
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House Resolution 11 - Introduced continued

40    1   shall be called by the chief clerk and the absentees
40    2   noted, after which the names of the absentees shall
40    3   again be called. The sergeant=at=arms shall be
40    4   directed by the speaker to compel the attendance of
40    5   absent members, unless they are previously excused.
40    6   Any member occupying the member's seat during a call
40    7   of the house shall be counted by the speaker and that
40    8   person's name entered in the journal as being present
40    9   for the purpose of making a quorum.
40   10      Rule 79
40   11      Method of Calling the Roll
40   12      The electrical voting machine shall be used for a
40   13   call of the house, a quorum call or a roll call vote
40   14   on any question. If the electrical voting machine is
40   15   not in operating order when it is necessary to take
40   16   a record roll call vote, the presiding officer shall
40   17   order the vote to be taken by calling the roll in
40   18   alphabetical order, except the name of the presiding
40   19   officer shall be called last.
40   20      During the casting of the vote with the voting
40   21   machine, the individual votes and the vote totals shall
40   22   be shown on the display boards. Before the voting
40   23   machine is closed, the presiding officer shall inquire
40   24   of the house, "Have you all voted?"
40   25      Rule 80
40   26      Quorum and Record Roll Call Votes
40   27      A majority of the members shall constitute a quorum.
40   28      A record roll call vote shall be ordered upon
40   29   request of any two members. The names of the members
40   30   requesting the record roll call shall be entered in the
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House Resolution 11 - Introduced continued

41    1   journal.
41    2      Rule 81
41    3      Previous Question
41    4      When a member moves for the previous question, the
41    5   member shall state whether the motion will apply to the
41    6   main question, to all the amendments, or to particular
41    7   amendments. The motion requires an affirmative vote of
41    8   at least a constitutional majority of the members. If
41    9   the motion for a previous question is not adopted, the
41   10   house shall proceed in the same manner as before the
41   11   motion was made.
41   12      If the motion is adopted, all debate must end and
41   13   the house will vote upon the question except:
41   14      1. If the motion applies to the main question, the
41   15   member in charge of the measure will have ten minutes
41   16   to speak for the purpose of closing discussion before
41   17   the vote on the measure is taken.
41   18      2. If the motion applies to an amendment, the
41   19   member proposing the amendment will have five minutes
41   20   to speak for the purpose of closing discussion before
41   21   the vote on the amendment is taken.
41   22      3. If a member has filed a written request with
41   23   the chief clerk of the house indicating the member's
41   24   desire to speak on a particular question. The request
41   25   must be filed before the motion is made by the movant.
41   26   The request allows a member to speak on a particular
41   27   question before the closing discussion by the member
41   28   who is in charge of the measure or who is proposing the
41   29   amendment.
41   30      Rule 82
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House Resolution 11 - Introduced continued

42 1 Division of the Question
42 2     Any member may call for a division of the question,
42 3 which shall be divided if it comprehends questions so
42 4 distinct that one being taken away, the remainder may
42 5 stand separately for discussion by the house. Upon
42 6 request to divide an amendment, the chief clerk shall
42 7 restate the division and note the divided amendment in
42 8 the house journal. An amendment to strike out being
42 9 lost shall not preclude an amendment to strike out and
42 10 insert. An amendment to strike out and insert shall be
42 11 deemed indivisible.
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HR 9




House Resolution 9 - Introduced
PAG LIN




                             HOUSE RESOLUTION NO.
                                       BY WATTS
       1    1   A Resolution requesting the Attorney General of the
       1    2      State of Iowa to join with other states that have
       1    3      filed suit challenging the constitutionality of the
       1    4      federal Patient Protection and Affordable Care Act,
       1    5      as amended by the federal Health Care and Education
       1    6      Reconciliation Act of 2010.
       1    7      WHEREAS, the United States Constitution establishes
       1    8   a limited federal government, as expressed in the Bill
       1    9   of Rights, that protects the freedom of individuals and
       1   10   the rights of states; and
       1   11      WHEREAS, the United States Congress is urged
       1   12   to enact legislation that respects and recognizes
       1   13   the rights of individuals, families, groups, and
       1   14   communities to make decisions about their health care
       1   15   insurance and treatment options; and
       1   16      WHEREAS, the "individual mandate" provision included
       1   17   in the federal Patient Protection and Affordable Care
       1   18   Act, Pub. L. No. 111=148, as amended by the federal
       1   19   Health Care and Education Reconciliation Act of 2010,
       1   20   Pub. L. No. 111=152, requires all individuals to
       1   21   purchase health insurance products and services; and
       1   22      WHEREAS, such individual mandates are contrary to
       1   23   the rights of a free and prosperous people and deny
       1   24   individuals the right to make one of the most basic
       1   25   health care decisions for themselves and their loved
       1   26   ones; and
       1   27      WHEREAS, the United States Supreme Court has
       1   28   recognized each individual's freedom to refuse health
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House Resolution 9 - Introduced continued

 2    1   care treatment; and
 2    2      WHEREAS, On January 19, 2010, Florida Attorney
 2    3   General Bill McCollum sent to congressional leaders an
 2    4   analysis in which he outlined the unconstitutionality
 2    5   of the individual health care mandates; and
 2    6      WHEREAS, according to Attorney General McCollum's
 2    7   analysis, the United States Congress does not possess
 2    8   the constitutional authority to compel individuals
 2    9   under threat of government fines or taxes to purchase
 2   10   an unwanted product or service simply as a condition of
 2   11   living in this country; and
 2   12      WHEREAS, with the legislation now passed, Attorney
 2   13   General McCollum has filed suit to challenge the
 2   14   constitutionality of that provision; and
 2   15      WHEREAS, currently numerous other states including
 2   16   Alabama, Colorado, Idaho, Michigan, Nebraska,
 2   17   Pennsylvania, South Carolina, South Dakota, North
 2   18   Dakota, Texas, Utah, Washington, Louisiana, Indiana,
 2   19   Arizona, and Nevada have joined in the suit; NOW
 2   20   THEREFORE,
 2   21      BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That
 2   22   the House of Representatives requests that the Attorney
 2   23   General of the State of Iowa bring an action in the
 2   24   United States District Court challenging the federal
 2   25   Patient Protection and Affordable Care Act, Pub.
 2   26   L. No. 111=148, as amended by the federal Health
 2   27   Care and Education Reconciliation Act of 2010, Pub.
 2   28   L. No. 111=152, in order to protect the rights and
 2   29   freedoms that have been guaranteed to Iowans under the
 2   30   Constitution of the United States of America.
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HSB 54




House Study Bill 54


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL
                                            BY CHAIRPERSON MILLER)

                                              A BILL FOR

         1 An Act relating to voluntary cessation of program operations
         2    and decertification of assisted living programs, and
         3    providing penalties.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 54 continued

PAG LIN



  1    1      Section 1. Section 231C.2, subsection 2, Code 2011, is
  1    2   amended to read as follows:
  1    3      2. a. "Assisted living" means provision of housing
  1    4   with services which may include but are not limited to
  1    5   health=related care, personal care, and assistance with
  1    6   instrumental activities of daily living to three or more
  1    7   tenants in a physical structure which provides a homelike
  1    8   environment.
  1    9      b. "Assisted living" also includes encouragement of family
  1   10   involvement, tenant self=direction, and tenant participation
  1   11   in decisions that emphasize choice, dignity, privacy,
  1   12   individuality, shared risk, and independence.
  1   13      c. "Assisted living" includes the provision of housing and
  1   14   assistance with instrumental activities of daily living only if
  1   15   personal care or health=related care is also included.
  1   16      d. "Assisted living" includes twenty=four hours per
  1   17   day response staff to meet scheduled and unscheduled or
  1   18   unpredictable needs in a manner that promotes maximum dignity
  1   19   and independence and provides supervision, safety, and
  1   20   security.
  1   21      e. "Assisted living" includes any entity that meets the
  1   22   definition of assisted living under this subsection, whether
  1   23   or not the entity represents the entity to the public as an
  1   24   assisted living program or as a certified assisted living
  1   25   program, including an entity that decertifies a program
  1   26   but continues to provide housing and continues to be or
  1   27   subsequently becomes the sole provider of assistance with
  1   28   instrumental activities of daily living, personal care, or
  1   29   health=related care, by whatever means employed or contracted,
  1   30   including through a subsidiary, parent, or related corporation.
  1   31      Sec. 2. Section 231C.3, subsection 4, paragraph a, Code
  1   32   2011, is amended to read as follows:
  1   33      a. Services provided by a certified assisted living program
  1   34   may be provided directly by staff of the assisted living
  1   35   program, by individuals contracting with the assisted living
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House Study Bill 54 continued

  2    1   program to provide services, or by individuals employed by
  2    2   the tenant or with whom the tenant contracts if the tenant
  2    3   agrees to assume the responsibility and risk of the employment
  2    4   or the contractual relationship. Any provider of services
  2    5   for an assisted living program, by whatever means employed
  2    6   or contracted, shall be subject to oversight and regulation
  2    7   applicable to staffing of an assisted living program.
  2    8      Sec. 3. NEW SECTION. 231C.11A Voluntary cessation of
  2    9   program operations ==== decertification.
  2   10      1. The department shall adopt rules regarding the voluntary
  2   11   cessation of program operations of an assisted living
  2   12   program, including decertification. The rules shall address
  2   13   notification of the tenants, tenant legal representatives, the
  2   14   department, and the tenant advocate at least ninety days prior
  2   15   to the anticipated date of cessation of program operations; the
  2   16   requirements for the safe and orderly transfer or transition of
  2   17   all tenants; and monitoring of the program during the process
  2   18   and after cessation of program operations.
  2   19      2. Within seven days following provision of notice of
  2   20   cessation of program operations, the assisted living program
  2   21   shall hold a meeting and invite all tenants, tenant legal
  2   22   representatives, families of tenants, representatives of the
  2   23   department, and the tenant advocate to discuss the pending
  2   24   cessation of the program and to answer any questions. The
  2   25   department and the tenant advocate shall have access to attend
  2   26   the meeting and provide information to the tenants regarding
  2   27   their legal rights.
  2   28      3. The tenant advocate shall monitor the decertification
  2   29   process and shall undertake any investigations necessary to
  2   30   ensure that the rights of tenants are protected during the
  2   31   process and after cessation of program operations. The tenant
  2   32   advocate shall assist tenants during the transition, including
  2   33   assisting tenants in finding necessary and appropriate service
  2   34   providers if the assisted living program is unable to provide
  2   35   such necessary and appropriate services during the transition
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House Study Bill 54 continued

  3    1   period. Under such circumstances, the assisted living program
  3    2   shall cooperate with the tenant advocate by providing contact
  3    3   information for service providers within a thirty mile radius
  3    4   of the program.
  3    5      4. Following cessation of program operations and
  3    6   decertification, the department shall retain authority to
  3    7   monitor the decertified program to ensure that the entity does
  3    8   not continue to act as an uncertified assisted living program
  3    9   or other unlicensed, uncertified, or unregistered entity
  3   10   otherwise regulated by the state following decertification.
  3   11   If a decertified assisted living program continues to or
  3   12   subsequently acts in a manner that meets the definition of
  3   13   assisted living pursuant to section 231C.2, the decertified
  3   14   program is subject to the criminal penalties and injunctive
  3   15   relief provisions of section 231C.15, and any other penalties
  3   16   applicable by law.
  3   17                             EXPLANATION
  3   18      This bill relates to assisted living programs.
  3   19      The bill provides that the definition of "assisted living"
  3   20   includes any entity that meets the definition of assisted
  3   21   living whether or not the entity represents itself to the
  3   22   public as an assisted living program or as a certified assisted
  3   23   living program, including an entity that decertifies a program
  3   24   but continues to provide housing and continues to be or
  3   25   subsequently becomes the sole provider of assistance with
  3   26   instrumental activities of daily living, personal care, or
  3   27   health=related care, by whatever means employed or contracted,
  3   28   including through a subsidiary, parent, or related corporation.
  3   29      The bill also provides that any provider of services for
  3   30   an assisted living program, by whatever means employed or
  3   31   contracted, is subject to oversight and regulation applicable
  3   32   to staffing of an assisted living program.
  3   33      The bill directs the department of inspections and
  3   34   appeals to adopt rules regarding the voluntary cessation of
  3   35   program operations of an assisted living program, including
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House Study Bill 54 continued

  4    1   decertification. The rules specifically are to address
  4    2   notification of the tenants, tenant legal representatives, the
  4    3   department, and the tenant advocate at least 90 days prior to
  4    4   the anticipated date of cessation of program operations; the
  4    5   requirements for the safe and orderly transfer or transition of
  4    6   all tenants; and monitoring of the program during the process
  4    7   and after cessation of program operations. The bill requires
  4    8   that within seven days following provision of notice, the
  4    9   assisted living program shall hold a meeting and invite all
  4   10   tenants, tenant legal representatives, families of tenants,
  4   11   representatives of the department, and the tenant advocate to
  4   12   discuss the pending cessation of the program and to answer
  4   13   any questions. The department and the tenant advocate are
  4   14   authorized to have access to attend the meeting and provide
  4   15   information to the tenants regarding their legal rights.
  4   16      The bill directs that the tenant advocate shall monitor the
  4   17   decertification process and shall undertake any investigations
  4   18   necessary to ensure that the rights of tenants are protected
  4   19   during the process and after cessation of program operations.
  4   20   The tenant advocate is also to assist tenants in finding
  4   21   necessary and appropriate services during the transition if the
  4   22   program is unable to provide services during the transition.
  4   23   The assisted living program is required to cooperate with the
  4   24   tenant advocate by providing contact information for service
  4   25   providers within a 30=mile radius of the program.
  4   26      Following cessation of program operations and
  4   27   decertification, the department is authorized to retain
  4   28   authority to monitor the decertified program to ensure
  4   29   that the entity does not continue to act as an uncertified
  4   30   assisted living program or other unlicensed, uncertified, or
  4   31   unregistered entity otherwise regulated by the state following
  4   32   decertification. If a decertified assisted living program
  4   33   continues to or subsequently acts in a manner that meets
  4   34   the definition of assisted living, the decertified program
  4   35   is subject to the criminal penalties and injunctive relief
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House Study Bill 54 continued

  5   1 provisions of Code section 231C.15, and any other penalties
  5   2 applicable by law.
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HSB 55




House Study Bill 55


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL
                                            BY CHAIRPERSON MILLER)

                                              A BILL FOR

         1 An Act relating to exemptions for admission or retention
         2    of tenants of assisted living programs who do not meet
         3    admission or retention criteria.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 55 continued

PAG LIN



  1    1      Section 1. Section 231C.3, subsection 1, Code 2011, is
  1    2   amended by adding the following new paragraph:
  1    3      NEW PARAGRAPH. e. (1) Provisions granting an exemption for
  1    4   admission to or discharge of a tenant from an assisted living
  1    5   program who does not meet admission or retention criteria under
  1    6   state law, if all of the following conditions are met:
  1    7      (a) The tenant, or tenant's legal representative with the
  1    8   approval of the tenant's physician, requests and the assisted
  1    9   living program consents to the tenant's admission or retention.
  1   10      (b) The assisted living program demonstrates the capacity
  1   11   to provide, obtain, or arrange for the provision of necessary
  1   12   services for the tenant, including but not limited to home
  1   13   health care or Medicare=certified hospice program care.
  1   14      (c) The admission or retention of the tenant does not
  1   15   compromise the safety of the tenant, other tenants, or staff.
  1   16      (2) An assisted living program requesting the exemption
  1   17   shall submit a plan to the department specifying how the
  1   18   identified additional needs of the tenant will be safely and
  1   19   appropriately met. The plan shall include, at a minimum, a
  1   20   written description of the services, staffing levels, staff
  1   21   education, training and work experience, and environmental
  1   22   modifications required to guarantee the health, safety,
  1   23   and welfare of the tenant, other tenants, and staff if the
  1   24   exemption is granted. The assisted living program may provide
  1   25   additional staffing to meet the specifications of the plan by
  1   26   any means authorized in subsection 4, as applicable.
  1   27                             EXPLANATION
  1   28      This bill directs the department of inspections and appeals
  1   29   to adopt rules to provide for the granting of an exemption for
  1   30   admission to or discharge of a tenant from an assisted living
  1   31   program who does not meet admission or retention criteria under
  1   32   state law, if certain conditions are met. The conditions
  1   33   include: the tenant, or tenant's legal representative with the
  1   34   approval of the tenant's physician, requests and the assisted
  1   35   living program consents to the tenant's admission or retention;
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House Study Bill 55 continued

  2 1 the assisted living program demonstrates the capacity to
  2 2 provide, obtain, or arrange for the provision of necessary
  2 3 services for the tenant; and the admission or retention of
  2 4 the tenant does not compromise the health, safety, or welfare
  2 5 of the tenant, other tenants, or staff. Additionally, the
  2 6 assisted living program requesting the exemption must submit a
  2 7 plan to the department specifying how the identified additional
  2 8 needs of the tenant will be safely and appropriately met. The
  2 9 assisted living program may provide additional staffing to meet
  2 10 the specifications of the plan by any means authorized for
  2 11 staffing for assisted living programs.
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HSB 56




House Study Bill 56


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON SODERBERG)

                                              A BILL FOR

         1 An Act relating to the assessment of certain subdivided real
         2    property and including applicability provisions.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 56 continued

PAG LIN



  1    1      Section 1. Section 405.1, Code 2011, is amended to read as
  1    2   follows:
  1    3      405.1 Housing development ==== tax status ==== limitation.
  1    4      1. The board of supervisors of a county with a population
  1    5   of less than twenty thousand may adopt an ordinance providing
  1    6   that property acquired and subdivided for development of
  1    7   housing shall continue to be assessed for taxation in the
  1    8   manner that it was prior to the acquisition for housing. Each
  1    9   lot shall continue to be taxed in the manner it was prior
  1   10   to its acquisition for housing until the lot is sold for
  1   11   construction or occupancy of housing or five years from the
  1   12   date of subdivision, whichever is shorter. Upon the sale or
  1   13   the expiration of the five=year period, the property shall be
  1   14   assessed for taxation as residential or commercial multifamily
  1   15   property, whichever is applicable.
  1   16      2. The board of supervisors of a county with a population
  1   17   of twenty thousand or more may adopt an ordinance providing
  1   18   that property acquired and subdivided for development of
  1   19   housing shall continue to be assessed for taxation in the
  1   20   manner that it was prior to the acquisition for housing. Each
  1   21   lot shall continue to be taxed in the manner it was prior
  1   22   to its acquisition for housing until the lot is sold for
  1   23   construction or occupancy of housing or three years from the
  1   24   date of subdivision, whichever is shorter. Upon the sale or
  1   25   the expiration of the three=year period, the property shall be
  1   26   assessed for taxation as residential or commercial multifamily
  1   27   property, whichever is applicable.
  1   28      Sec. 2. Section 441.72, Code 2011, is amended to read as
  1   29   follows:
  1   30      441.72 Assessment of platted lots.
  1   31      When a subdivision plat is recorded pursuant to chapter
  1   32   354, the individual lots within the subdivision plat shall
  1   33   not be assessed in excess of the total assessment of the land
  1   34   as acreage or unimproved property for three years after the
  1   35   recording of the plat or until the lot is actually improved
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House Study Bill 56 continued

  2    1   with permanent construction, whichever occurs first. When an
  2    2   individual lot has been improved with permanent construction,
  2    3   the lot shall be assessed for taxation purposes as provided in
  2    4   chapter 428 and this chapter. This section does not apply to
  2    5   special assessment levies.
  2    6      Sec. 3. APPLICABILITY. This Act applies to assessment years
  2    7   beginning on or after January 1, 2012.
  2    8                              EXPLANATION
  2    9      Currently, a platted lot for which a subdivision plat has
  2   10   been recorded will be assessed for property tax purposes as
  2   11   acreage or unimproved property for three years or until the lot
  2   12   is actually improved with permanent construction, whichever
  2   13   occurs first. This bill removes the three=year time limit and
  2   14   provides that a platted lot will be assessed as acreage or
  2   15   unimproved property until the lot is actually improved with
  2   16   permanent construction.
  2   17      The bill also repeals a provision that allowed a county of
  2   18   20,000 or more to adopt an ordinance providing for assessment
  2   19   of subdivided lots acquired for development of housing in the
  2   20   manner they were assessed prior to acquisition for three years
  2   21   from the date of subdivision or until the lot is sold for
  2   22   construction or occupancy of housing, whichever is sooner. The
  2   23   bill also amends a similar provision that allowed counties with
  2   24   a population of less than 20,000 to adopt the same ordinance
  2   25   but with a five=year assessment period, by removing the
  2   26   five=year time limit and providing that such an ordinance may
  2   27   allow each lot to be taxed in the manner it was prior to its
  2   28   acquisition until the lot is sold for construction or occupancy
  2   29   of housing.
  2   30      The bill applies to assessment years beginning on or after
  2   31   January 1, 2012.
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HSB 57




House Study Bill 57


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON SODERBERG)

                                              A BILL FOR

         1 An Act prohibiting the inclusion of health plans that provide
         2    coverage for abortion in a state health benefit exchange and
         3    including effective date provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 57 continued

PAG LIN



  1    1      Section 1. IOWA HEALTH BENEFIT EXCHANGE ==== PROHIBITION OF
  1    2   COVERAGE FOR ABORTIONS.
  1    3      1. If a health benefit exchange is established in this state
  1    4   pursuant to the federal Patient Protection and Affordable Care
  1    5   Act, Pub. L. No. 111=148, as amended by the federal Health Care
  1    6   and Education Reconciliation Act of 2010, Pub. L. No. 111=152,
  1    7   a health benefit plan that offers coverage for abortions shall
  1    8   not be certified as a qualified health benefit plan to be
  1    9   offered through the exchange.
  1   10      2. This Act shall not be construed as creating or
  1   11   recognizing a right to an abortion.
  1   12      3. This Act does not make lawful an abortion that is
  1   13   unlawful.
  1   14      4. Any provision of this Act that is held to be invalid
  1   15   or unenforceable by its terms, or as applied to any person or
  1   16   circumstance, shall be construed so as to give the provision
  1   17   the maximum effect permitted by law, unless such holding shall
  1   18   be one of utter invalidity or unenforceability, in which event
  1   19   such provision shall be deemed severable and shall not affect
  1   20   the remainder of this Act or the application of such provision
  1   21   to other persons not similarly situated or to other dissimilar
  1   22   circumstances.
  1   23      Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
  1   24   immediate importance, takes effect upon enactment.
  1   25                             EXPLANATION
  1   26      This bill provides that if a health benefit exchange is
  1   27   established in this state pursuant to the federal Patient
  1   28   Protection and Affordable Care Act, a health benefit plan
  1   29   that offers coverage for abortions shall not be certified as
  1   30   a qualified health benefit plan to be offered through the
  1   31   exchange.
  1   32      The bill shall not be construed as creating or recognizing
  1   33   a right to an abortion or making lawful an abortion that
  1   34   is unlawful. A provision of the bill that is held to be
  1   35   invalid or unenforceable is severable so that the validity or
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House Study Bill 57 continued

 2   1 enforceability of the remainder of the bill or application of
 2   2 the bill is not affected.
 2   3    The bill takes effect upon enactment.
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HSB 58




House Study Bill 58


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL
                                            BY CHAIRPERSON WAGNER)

                                              A BILL FOR

         1 An Act relating to the determination of city population for
         2    purposes of civil service commissions.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 58 continued

PAG LIN



  1    1      Section 1. Section 400.1, subsection 2, Code 2011, is
  1    2   amended to read as follows:
  1    3      2. For the purpose of determining the population of a city
  1    4   under this chapter, the most recent decennial federal census
  1    5   conducted in 1980 shall be used.
  1    6      Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
  1    7   3, shall not apply to this Act.
  1    8                             EXPLANATION
  1    9      Code section 400.1 currently requires a city having a
  1   10   population of 8,000 or more according to the federal census
  1   11   conducted in 1980 and having a paid fire department or a paid
  1   12   police department, to appoint a civil service commission. Code
  1   13   chapter 400 also establishes several other powers and duties of
  1   14   cities based on population as determined by the federal census
  1   15   conducted in 1980.
  1   16      This bill requires the most recent decennial federal census
  1   17   to be used in determining the population of a city.
  1   18      The bill may include a state mandate as defined in Code
  1   19   section 25B.3. The bill makes inapplicable Code section 25B.2,
  1   20   subsection 3, which would relieve a political subdivision from
  1   21   complying with a state mandate if funding for the cost of
  1   22   the state mandate is not provided or specified. Therefore,
  1   23   political subdivisions are required to comply with any state
  1   24   mandate included in the bill.
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HSB 59




House Study Bill 59


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            LOCAL GOVERNMENT BILL
                                            BY CHAIRPERSON WAGNER)

                                              A BILL FOR

         1 An Act providing an exemption from standards    and requirements
         2    otherwise applicable to the investment of    public funds
         3    by specified state departments, agencies,    and political
         4    subdivisions.
         5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE    STATE OF IOWA:
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House Study Bill 59 continued

PAG LIN



  1    1      Section 1. Section 12B.10, subsection 6, Code 2011, is
  1    2   amended by adding the following new paragraph:
  1    3      NEW PARAGRAPH. l. Investments in a qualified trust
  1    4   established pursuant to governmental accounting standards board
  1    5   statement number forty=three that is governed by a board of
  1    6   trustees of a joint investment trust organized pursuant to
  1    7   chapter 28E and that is registered with the federal securities
  1    8   and exchange commission under the federal Investment Company
  1    9   Act of 1940, 15 U.S.C. { 80(a).
  1   10                             EXPLANATION
  1   11      This bill provides an exemption from standards and
  1   12   requirements otherwise applicable to the investment of public
  1   13   funds pursuant to Code section 12B.10. The exemption allows a
  1   14   joint investment trust organized pursuant to Code chapter 28E
  1   15   that has established a qualified trust for cities and counties
  1   16   to fund future liabilities for "other postemployee benefits"
  1   17   as defined in specified government accounting standards board
  1   18   statements to invest in long=term securities such as equities.
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HSB 60




House Study Bill 60


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            PUBLIC SAFETY BILL BY
                                            CHAIRPERSON BAUDLER)

                                              A BILL FOR

         1 An Act relating to eluding or attempting to elude a marked law
         2    enforcement vehicle, and providing a penalty.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 60 continued

PAG LIN



  1    1      Section 1. Section 321.279, subsection 2, Code 2011, is
  1    2   amended to read as follows:
  1    3      2. a. The driver of a motor vehicle commits an aggravated
  1    4   misdemeanor if the driver willfully fails to bring the motor
  1    5   vehicle to a stop or otherwise eludes or attempts to elude a
  1    6   marked official law enforcement vehicle that is driven by a
  1    7   uniformed peace officer after being given a visual and audible
  1    8   signal as provided in this section and in doing so exceeds the
  1    9   speed limit by twenty=five miles per hour or more.
  1   10      b. The driver of a motor vehicle commits an aggravated
  1   11   misdemeanor if the driver willfully fails to bring the motor
  1   12   vehicle to a stop or otherwise eludes or attempts to elude a
  1   13   marked official law enforcement vehicle that is driven by a
  1   14   uniformed peace officer after being given a visual and audible
  1   15   signal as provided in this section and in doing so endangers
  1   16   the safety or property of another driver of a motor vehicle,
  1   17   pedestrian, bicyclist, or real property owner or lessee, other
  1   18   than a peace officer acting within the official capacity of the
  1   19   officer.
  1   20                             EXPLANATION
  1   21      This bill relates to eluding or attempting to elude a marked
  1   22   law enforcement vehicle.
  1   23      The bill provides that a driver of a motor vehicle commits an
  1   24   aggravated misdemeanor if the driver willfully fails to bring
  1   25   the motor vehicle to a stop or otherwise eludes or attempts to
  1   26   elude a marked official law enforcement vehicle that is driven
  1   27   by a uniformed peace officer after being given a visual and
  1   28   audible signal and in doing so endangers the safety or property
  1   29   of another driver of a motor vehicle, pedestrian, bicyclist,
  1   30   or real property owner or lessee, other than a peace officer
  1   31   acting within the official capacity of the officer.
  1   32      An aggravated misdemeanor is punishable by confinement for
  1   33   no more than two years and a fine of at least $625 but not more
  1   34   than $6,250.
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House Study Bill 61

PAG LIN



                               HOUSE RESOLUTION NO.
                    BY   (PROPOSED COMMITTEE ON COMMERCE RESOLUTION BY
                                  CHAIRPERSON SODERBERG)
         1    1   A Resolution opposing regulation of greenhouse gases
         1    2      pursuant to the federal Clean Air Act.
         1    3      WHEREAS, the Environmental Protection Agency (EPA)
         1    4   has released an advance notice of proposed rulemaking
         1    5   which describes a nationwide scheme to regulate
         1    6   greenhouse gases under the Clean Air Act; and
         1    7      WHEREAS, if the EPA pursues such regulation,
         1    8   it should require additional action from Congress
         1    9   clarifying and specifying the EPA's legal and
         1   10   regulatory obligations with respect to greenhouse
         1   11   gases; and
         1   12      WHEREAS, the EPA's plan to regulate greenhouse
         1   13   gases is very expansive in scope, envisioning a
         1   14   nationwide cap and trade program for greenhouse gases,
         1   15   additional motor vehicle regulations, and economy=wide
         1   16   restrictions impacting a wide range of industries
         1   17   including dairy and beef operations, office buildings,
         1   18   hospitals, schools, large homes, houses of worship, and
         1   19   even regulating the greenhouse gas emissions from lawn
         1   20   mowers, among other things; and
         1   21      WHEREAS, the United States Court of Appeals for the
         1   22   District of Columbia has recently ruled that the EPA
         1   23   does not have authority to carry out a cap and trade
         1   24   plan under the Clean Air Act; and
         1   25      WHEREAS, the EPA's plan constitutes policymaking,
         1   26   which is the prerogative of the legislative branch of
         1   27   government; and
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House Study Bill 61 continued

  2    1   WHEREAS, climate change is a global issue, not a
  2    2   local or regional pollution issue which the Clean Air
  2    3   Act was designed to address; and
  2    4      WHEREAS, the EPA's plan would impose a massive
  2    5   economic burden on this country without appreciably
  2    6   reducing worldwide concentrations of greenhouse
  2    7   gases; NOW THEREFORE,
  2    8      BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That
  2    9   the House of Representatives is opposed to the EPA
  2   10   making an endangerment finding for greenhouse gases or
  2   11   pursuing regulation of greenhouse gases; and
  2   12      BE IT FURTHER RESOLVED, That copies of this
  2   13   Resolution shall be sent to the members of Iowa's
  2   14   congressional delegation and to the administrator of
  2   15   the EPA.
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HSB 62




House Study Bill 62


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL
                                            BY CHAIRPERSON MILLER)

                                              A BILL FOR

         1 An Act relating to reciprocal agreements with contiguous states
         2    for hospice care.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 62 continued

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  1    1      Section 1. NEW SECTION. 135J.8 Reciprocal agreements for
  1    2   hospice care.
  1    3      The department may enter into a reciprocal agreement with
  1    4   the licensing authority of a contiguous state for the purpose
  1    5   of allowing hospices in each state to serve people across state
  1    6   lines, provided such licensing authority imposes licensure
  1    7   requirements substantially equivalent to those imposed in this
  1    8   state. The department may establish by rule the conditions for
  1    9   such reciprocal agreements.
  1   10                             EXPLANATION
  1   11      This bill allows the department of inspections and appeals
  1   12   to enter into reciprocal agreements with contiguous states
  1   13   allowing hospices to serve people across state lines. To
  1   14   enter into such agreement, the contiguous state must impose
  1   15   licensure requirements similar to those imposed in Iowa. The
  1   16   department may adopt rules establishing the conditions for such
  1   17   agreements.
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HSB 63




House Study Bill 63


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON ANDERSON)

                                              A BILL FOR

         1 An Act relating to bail restrictions placed on criminal
         2    defendants.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 63 continued

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  1    1      Section 1. Section 811.1, subsections 1 and 2, Code 2011,
  1    2   are amended to read as follows:
  1    3      1. A defendant awaiting judgment of conviction and
  1    4   sentencing following either a plea or verdict of guilty of a
  1    5   class "A" felony, murder, forcible felony as defined in section
  1    6   702.11, any class "B" felony included in section 462A.14 or
  1    7   707.6A; felonious assault; felonious child endangerment; sexual
  1    8   abuse in the second degree; sexual abuse in the third degree;
  1    9   kidnapping; robbery in the first degree; arson in the first
  1   10   degree; burglary in the first degree; any felony included
  1   11   in section 124.401, subsection 1, paragraph "a" or "b"; or a
  1   12   second or subsequent offense under section 124.401, subsection
  1   13   1, paragraph "c"; any felony punishable under section 902.9,
  1   14   subsection 1; any public offense committed while detained
  1   15   pursuant to section 229A.5; or any public offense committed
  1   16   while subject to an order of commitment pursuant to chapter
  1   17   229A.
  1   18      2. A defendant appealing a conviction of a class "A"
  1   19   felony; murder; forcible felony as defined in section 702.11;
  1   20    any class "B" or "C" felony included in section 462A.14 or
  1   21   707.6A; felonious assault; felonious child endangerment; sexual
  1   22   abuse in the second degree; sexual abuse in the third degree;
  1   23   kidnapping; robbery in the first degree; arson in the first
  1   24   degree; burglary in the first degree; any felony included in
  1   25   section 124.401, subsection 1, paragraph "a" or "b"; or a second
  1   26   or subsequent conviction under section 124.401, subsection
  1   27   1, paragraph "c"; any felony punishable under section 902.9,
  1   28   subsection 1; any public offense committed while detained
  1   29   pursuant to section 229A.5; or any public offense committed
  1   30   while subject to an order of commitment pursuant to chapter
  1   31   229A.
  1   32                             EXPLANATION
  1   33      This bill relates to bail restrictions placed on criminal
  1   34   defendants.
  1   35      The bill specifies a defendant awaiting sentencing after a
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House Study Bill 63 continued

  2    1   plea of guilty or a conviction for a forcible felony is not
  2    2   eligible for bail.
  2    3      The bill also specifies a defendant appealing a conviction
  2    4   for a forcible felony is not be eligible for bail.
  2    5      The changes in the bill make a defendant eligible for bail if
  2    6   the defendant was convicted of or appealing a conviction for
  2    7   assault without the intent to cause serious injury but causing
  2    8   serious injury in violation of Code section 708.2(4), willful
  2    9   injury causing bodily injury in violation of Code section
  2   10   708.4(2), sexual abuse between spouses, sexual abuse against a
  2   11   minor 14 or 15 years of age when the defendant is at least four
  2   12   years older than the minor, or child endangerment in violation
  2   13   of Code section 726.6(6).
  2   14      The bill makes a defendant ineligible for bail if the
  2   15   defendant was convicted of or appealing a conviction for
  2   16   robbery in the second degree in violation of Code section
  2   17   711.3.
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HSB 64




House Study Bill 64


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON ANDERSON)

                                              A BILL FOR

         1 An Act relating to the discovery of privileged medical records,
         2    including mental health records, in a criminal case and
         3    including effective date provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 64 continued

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  1    1      Section 1. Section 228.6, subsection 4, Code 2011, is
  1    2   amended to read as follows:
  1    3      4. a. Mental health information may be disclosed in a civil
  1    4   or administrative proceeding in which an individual eighteen
  1    5   years of age or older or an individual's legal representative
  1    6   or, in the case of a deceased individual, a party claiming or
  1    7   defending through a beneficiary of the individual, offers the
  1    8   individual's mental or emotional condition as an element of a
  1    9   claim or a defense.
  1   10      b. Mental health information may be disclosed in a criminal
  1   11   proceeding pursuant to section 622.10, subsection 3A.
  1   12      Sec. 2. Section 622.10, Code 2011, is amended by adding the
  1   13   following new subsection:
  1   14      NEW SUBSECTION. 3A. a. Except as otherwise provided in
  1   15   this subsection, the confidentiality privilege under this
  1   16   section shall be absolute with regard to a criminal action and
  1   17   this section shall not be construed to authorize or require
  1   18   the disclosure of any privileged records to a defendant in a
  1   19   criminal action unless either of the following occur:
  1   20      (1) The privilege holder voluntarily waives the
  1   21   confidentiality privilege.
  1   22      (2) (a) The defendant seeking access to privileged records
  1   23   under this section files a motion demonstrating in good faith a
  1   24   reasonable probability that the information sought is likely
  1   25   to contain exculpatory information that is not available from
  1   26   any other source and for which there is a compelling need for
  1   27   the defendant to present a defense in the case. Such a motion
  1   28   shall be filed not later than forty days after arraignment
  1   29   under seal of the court.
  1   30      (b) Upon a showing of a reasonable probability that the
  1   31   privileged records sought may likely contain exculpatory
  1   32   information that is not available from any other source, the
  1   33   court shall conduct an in camera review of such records to
  1   34   determine whether exculpatory information is contained in such
  1   35   records.
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House Study Bill 64 continued

  2    1      (c) If exculpatory information is contained in such
  2    2   records, the court shall balance the need to disclose such
  2    3   information against the privacy interest of the privilege
  2    4   holder.
  2    5      (d) Upon the court's determination, in writing, that the
  2    6   privileged information sought is exculpatory and that there
  2    7   is a compelling need for such information that outweighs the
  2    8   privacy interests of the privilege holder, the court shall
  2    9   issue an order allowing the disclosure of only those portions
  2   10   of the records that contain the exculpatory information. The
  2   11   court's order shall also prohibit any further dissemination
  2   12   of the information to any person, other than the defendant,
  2   13   the defendant's attorney, and the prosecutor, unless otherwise
  2   14   authorized by the court.
  2   15      b. Privileged information obtained by any means other than
  2   16   as provided in paragraph "a" shall not be admissible in any
  2   17   criminal action.
  2   18      Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
  2   19   immediate importance, takes effect upon enactment.
  2   20                             EXPLANATION
  2   21      This bill relates to the discovery of privileged medical
  2   22   records, including mental health records, in a criminal case
  2   23   and includes effective date provisions.
  2   24      Under Iowa Code section 622.10, certain health care
  2   25   professionals, including mental health professionals,
  2   26   are prohibited, in giving testimony, from disclosing any
  2   27   confidential communication that occurs between the health care
  2   28   professional and a patient during the course of the patient's
  2   29   course of treatment. In State v. Cashen, 789 N.W.2d 400
  2   30   (2010), the Iowa Supreme Court set forth certain protocol that
  2   31   must be followed to balance a patient's right to privacy with
  2   32   a defendant's right to present evidence to a jury that might
  2   33   influence the jury's determination of guilt if privileged
  2   34   mental health records are made available in a criminal
  2   35   proceeding.
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House Study Bill 64 continued

  3    1   The bill amends Code section 622.10 to provide that,
  3    2   except as otherwise provided in the bill, the confidentiality
  3    3   privilege under Code section 622.10 shall be absolute in
  3    4   relation to a criminal action and that the bill shall not
  3    5   be construed to authorize or require the disclosure of
  3    6   any privileged records to a defendant in a criminal action
  3    7   unless either the privilege holder voluntarily waives the
  3    8   confidentiality privilege or the defendant seeking access to
  3    9   privileged records files a motion demonstrating in good faith a
  3   10   reasonable probability that the information sought is likely to
  3   11   contain exculpatory information that is not available from any
  3   12   other source and for which there is a compelling need for the
  3   13   defendant to present a defense in the case.
  3   14      The bill provides that if the defendant files such a motion,
  3   15   the court shall conduct an in camera review of such records
  3   16   to determine whether exculpatory information is contained in
  3   17   such records upon a showing of a reasonable probability that
  3   18   the privileged records sought may likely contain exculpatory
  3   19   information that is not available from any other source. If
  3   20   exculpatory information is contained in such records, the court
  3   21   is required to balance the need to disclose such information
  3   22   against the privacy interest of the privilege holder. If
  3   23   the court determines that the privileged information sought
  3   24   is exculpatory and that there is a compelling need for such
  3   25   information that outweighs the privacy interests of the
  3   26   privilege holder, the court shall issue an order allowing the
  3   27   disclosure of only those portions of the records that contain
  3   28   the exculpatory information. The court's order shall also
  3   29   prohibit any further dissemination of the information to any
  3   30   person, other than the defendant, the defendant's attorney,
  3   31   and the prosecutor, unless otherwise authorized by the court.
  3   32   The bill provides that privileged information obtained by any
  3   33   means other than as provided in the bill is not admissible in
  3   34   a criminal action.
  3   35      The bill makes a conforming amendment to Code section 228.6
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House Study Bill 64 continued

  4   1 relating to the compulsory disclosure of mental health and
  4   2 psychological information.
  4   3    The bill takes effect upon enactment.
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HSB 65




House Study Bill 65


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON ANDERSON)

                                              A BILL FOR

         1 An Act modifying the duties of a county attorney relating to
         2    schools and to the extradition of criminal defendants and
         3    securing of certain witnesses.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 65 continued

PAG LIN



  1    1      Section 1. Section 257B.10, Code 2011, is amended to read
  1    2   as follows:
  1    3      257B.10 Uniform interest date.
  1    4      If money is due to the permanent school fund, either for
  1    5   loans or deferred payments of the purchase price of land sold,
  1    6   the interest shall be made payable on the first day of January
  1    7   each year, and if the debtor fails to pay the interest within
  1    8   six months of the date it is due, the entire amount of both
  1    9   principal and interest shall become due, and the county auditor
  1   10   shall report the nonpayment to the county attorney school
  1   11   board, who shall immediately commence action for the collection
  1   12   of the amount reported as due. This section is a part of a
  1   13   contract made by virtue of this chapter, whether expressed in
  1   14   the contract or not.
  1   15      Sec. 2. Section 257B.33, Code 2011, is amended to read as
  1   16   follows:
  1   17      257B.33 Suit ==== attorney fee.
  1   18      If the debtor does not comply with the notice, the auditor
  1   19   shall report the noncompliance to the county attorney school
  1   20   board, who shall bring an action to recover the debt, and
  1   21   an injunction may issue for cause, without bond when so
  1   22   petitioned, and there shall be allowed in the judgment, entered
  1   23   and taxed as a part of the costs in the case, a reasonable sum
  1   24   as compensation to plaintiff's attorney, not exceeding the
  1   25   amount provided by law for attorney fees.
  1   26      Sec. 3. Section 331.756, subsection 7, Code 2011, is amended
  1   27   to read as follows:
  1   28      7. Give advice or a written opinion, without compensation,
  1   29   to the board and other county officers and to school and
  1   30    township officers, when requested by an officer, upon any
  1   31   matters in which the state, county, school, or township is
  1   32   interested, or relating to the duty of the officer in any
  1   33   matters in which the state, county, school, or township may
  1   34   have an interest, but the county attorney shall not appear
  1   35   before the board at a hearing in which the state or county is
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House Study Bill 65 continued

  2    1   not interested.
  2    2      Sec. 4. Section 331.756, subsection 54, Code 2011, is
  2    3   amended by striking the subsection.
  2    4      Sec. 5. Section 331.756, subsection 82, Code 2011, is
  2    5   amended to read as follows:
  2    6      82. Carry out duties relating to extradition of fugitive
  2    7   defendants as provided in chapter 818 820 and securing
  2    8   witnesses as provided in chapter 819.
  2    9      Sec. 6. REPEAL. Chapter 818, Code 2011, is repealed.
  2   10      Sec. 7. REPEAL. Chapter 819A, Code 2011, is repealed.
  2   11                             EXPLANATION
  2   12      This bill relates to the duties of a county attorney
  2   13   including providing advice and required legal representation
  2   14   to schools and duties related to the extradition of criminal
  2   15   defendants and securing of witnesses.
  2   16      The bill strikes provisions requiring a county attorney
  2   17   to bring an action against a debtor who owes money to the
  2   18   permanent school fund created in Code chapter 257B. The bill
  2   19   specifies the school board shall bring the action against a
  2   20   debtor who owes money to the permanent school fund.
  2   21      The bill strikes a provision requiring a county attorney to
  2   22   provide legal advice to a school or school officer.
  2   23      The bill repeals Code chapter 818 which establishes
  2   24   the interstate extradition compact for fugitive criminal
  2   25   defendants. The bill also repeals Code chapter 819A relating
  2   26   to the uniform Act for rendition of prisoners as witnesses in
  2   27   criminal proceedings.
  2   28      The bill does not affect Code chapter 819 (uniform Act to
  2   29   secure witnesses from without the state) and Code chapter 820
  2   30   (uniform criminal extradition Act).
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HSB 66




House Study Bill 66


                                        HOUSE FILE
                                        BY (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON ANDERSON)

                                              A BILL FOR

         1 An Act repealing duties of county and city attorneys relating
         2    to hotel and food establishment regulation.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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House Study Bill 66 continued

PAG LIN



  1    1      Section 1. REPEAL. Section 137C.30, Code 2011, is repealed.
  1    2      Sec. 2. REPEAL. Section 137F.19, Code 2011, is repealed.
  1    3      Sec. 3. REPEAL. Section 331.756, subsection 32, Code 2011,
  1    4   is repealed.
  1    5                             EXPLANATION
  1    6      Code section 137C.30 requires the county attorney in
  1    7   each county to assist in the enforcement of the Iowa hotel
  1    8   sanitation code. Code section 137F.19 requires the county
  1    9   attorney in each county or city attorney in each city to assist
  1   10   in the enforcement of the regulation of food establishments and
  1   11   food processing plants pursuant to Code chapter 137F. Code
  1   12   section 331.756(32) reiterates that the county attorney is to
  1   13   assist in the enforcement of these provisions.
  1   14      This bill repeals these provisions, leaving enforcement to
  1   15   the department of inspections and appeals.
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S-3007




Senate Amendment 3007
PAG LIN

         1    1      Amend Senate Resolution 3 as follows:
         1    2   #1. Page 3, line 7, after <committee> by inserting
         1    3   <or from an organization exempt from taxation under
         1    4   section 501(c)(4), 501(c)(6), or 527 of the Internal
         1    5   Revenue Code that engages in activities related to
         1    6   the nomination, election, or defeat of a candidate
         1    7   for public office or related to issue advocacy. The
         1    8   spouse of a senator may only accept employment,
         1    9   either directly or indirectly, from a political
         1   10   action committee or from an organization exempt from
         1   11   taxation under section 501(c)(4), 501(c)(6), or 527 of
         1   12   the Internal Revenue Code that engages in activities
         1   13   related to the nomination, election, or defeat of
         1   14   a candidate for public office for related to issue
         1   15   advocacy if the senator does not have a material role
         1   16   in raising or expending funds for the entity>



                  JOHN P.   KIBBIE




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SF 126




Senate File 126 - Introduced


                                        SENATE FILE
                                        BY RAGAN, WILHELM,
                                            JOCHUM, SODDERS,
                                            BOLKCOM, DOTZLER,
                                            SENG, HANCOCK,
                                            SCHOENJAHN, BEALL,
                                            McCOY, HORN, DEARDEN,
                                            FRAISE, COURTNEY,
                                            DANDEKAR, GRONSTAL,
                                            KIBBIE, BLACK, HATCH,
                                            QUIRMBACH, and RIELLY

                                              A BILL FOR

         1 An Act relating to reimbursement for services provided under a
         2    medical assistance home and community=based services waiver
         3    for the elderly.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 126 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 249A.30B Home and community=based
  1    2   services waiver ==== elderly ==== reimbursement.
  1    3      The reimbursement for a provider of services under a medical
  1    4   assistance program home and community=based services waiver
  1    5   for the elderly shall be recalculated annually on July 1. The
  1    6   annual inflation factor applied shall be determined based on
  1    7   the total skilled nursing facility market basket index utilized
  1    8   by the centers for Medicare and Medicaid services of the United
  1    9   States department of health and human services.
  1   10                             EXPLANATION
  1   11      This bill requires the reimbursement for providers of
  1   12   services under a medical assistance home and community=based
  1   13   services waiver for the elderly to be recalculated annually
  1   14   on July 1. The annual inflation factor applied is to be
  1   15   determined based on the skilled nursing facility market
  1   16   basket index utilized by the centers for Medicare and Medicaid
  1   17   services of the United States department of health and human
  1   18   services.
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SF 127




Senate File 127 - Introduced


                                        SENATE FILE
                                        BY RAGAN, WILHELM,
                                            JOCHUM, BOWMAN,
                                            SODDERS, BOLKCOM,
                                            DANIELSON, DOTZLER,
                                            SENG, HANCOCK,
                                            SCHOENJAHN, BEALL,
                                            McCOY, HORN, DEARDEN,
                                            FRAISE, COURTNEY,
                                            DANDEKAR, GRONSTAL,
                                            KIBBIE, HATCH, BLACK,
                                            QUIRMBACH, HOGG, and
                                            RIELLY

                                              A BILL FOR

         1 An Act relating to and making an appropriation for the case
         2    management program for the frail elderly.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 127 - Introduced continued

PAG LIN



  1    1      Section 1. CASE MANAGEMENT PROGRAM FOR THE FRAIL ELDERLY
  1    2   ==== APPROPRIATION. There is appropriated from the general fund
  1    3   of the state to the department on aging for the fiscal year
  1    4   beginning July 1, 2011, and ending June 30, 2012, the following
  1    5   amount or so much thereof as is necessary to be used for the
  1    6   purpose designated:
  1    7      For the case management program for the frail elderly:
  1    8   .................................................. $ 2,700,000
  1    9      The department on aging shall utilize the funding
  1   10   appropriated to meet the needs of frail elders identified by
  1   11   the most recent case management for the frail elderly unmet
  1   12   needs report including but not limited to adult daycare,
  1   13   assisted transportation, caregiver support, case management,
  1   14   chore services, congregate meals, counseling, emergency
  1   15   response system, home repair, home delivered meals, homemaker
  1   16   services, legal assistance, mental health outreach, personal
  1   17   care, preventive health promotion, respite, transportation, and
  1   18   visiting.
  1   19                             EXPLANATION
  1   20      This bill appropriates funds to the department on aging
  1   21   for the case management program for the frail elderly to meet
  1   22   the needs of frail elders identified in the most recent frail
  1   23   elderly unmet needs report.
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SF 128




Senate File 128 - Introduced


                                        SENATE FILE
                                        BY BOLKCOM

                                              A BILL FOR

         1 An Act prohibiting the carrying of weapons in state and
         2    municipal buildings and providing a penalty.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 128 - Introduced continued

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  1    1      Section 1. NEW SECTION. 724.4D Carrying weapons in state
  1    2   and municipal buildings.
  1    3      1. A person who goes armed with, carries, or transports
  1    4   a firearm of any kind, whether concealed or not, in a state
  1    5   building or a municipal building commits a serious misdemeanor.
  1    6      2. For the purposes of this section:
  1    7      a. "Municipal building" means a building owned or leased
  1    8   by a city or county, or an agency or department of a city or
  1    9   county.
  1   10      b. "State building" means a building owned by or leased by
  1   11   the state, or an agency or department of the state.
  1   12      3. Subsection 1 does not apply to the following:
  1   13      a. A person listed under section 724.4, subsection 4,
  1   14   paragraphs "b" through "d", "j", or "k".
  1   15      b. A person who has been specifically authorized by the
  1   16   state or municipality to go armed, carry, or transport a
  1   17   firearm in the state or municipal building, including for
  1   18   purposes of conducting an instructional program regarding
  1   19   firearms.
  1   20                             EXPLANATION
  1   21      This bill provides that a person who goes armed with,
  1   22   carries, or transports a firearm of any kind, whether concealed
  1   23   or not, in a state building or a municipal building commits a
  1   24   serious misdemeanor, punishable by confinement for no more than
  1   25   one year and a fine of at least $315 but not more than $1,875.
  1   26      For purposes of the bill, "state building" means a building
  1   27   owned by or leased by the state, or an agency or department of
  1   28   the state, and a "municipal building" means a building owned
  1   29   or leased by a city or county, or an agency or department of a
  1   30   city or county.
  1   31      The bill does not apply to a peace officer, when the
  1   32   officer's duties require the person to carry weapons; a member
  1   33   of the armed forces of the United States or of the national
  1   34   guard or person in the service of the United States, when the
  1   35   weapons are carried in connection with the person's duties;
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Senate File 128 - Introduced continued

  2    1   a correctional officer, when the officer's duties require,
  2    2   serving under the authority of the department of corrections; a
  2    3   law enforcement officer from another state when the officer's
  2    4   duties require the officer to carry the weapon and the officer
  2    5   is in this state for the extradition or other lawful removal of
  2    6   a prisoner from this state, pursuit of a suspect in compliance
  2    7   with Code chapter 806, or activities in the capacity of a law
  2    8   enforcement officer with the knowledge and consent of the chief
  2    9   of police of the city or the sheriff of the county in which
  2   10   the activities occur or of the commissioner of public safety;
  2   11   a person engaged in the business of transporting prisoners
  2   12   under a contract with the department of corrections or a county
  2   13   sheriff, a similar agency from another state, or the federal
  2   14   government; or a person who has been specifically authorized
  2   15   by the state, city, or county to go armed, carry, or transport
  2   16   a firearm in the state or municipal building, including for
  2   17   purposes of conducting an instructional program regarding
  2   18   firearms.
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SF 129




Senate File 129 - Introduced


                                        SENATE FILE
                                        BY ZAUN, KETTERING,
                                            McKINLEY, ANDERSON,
                                            BERTRAND, GREINER,
                                            CHELGREN, JOHNSON,
                                            SORENSON, BARTZ,
                                            SEYMOUR, and WHITVER

                                              A BILL FOR

         1 An Act prohibiting the use of automated traffic enforcement
         2    systems and requiring the removal of existing systems, and
         3    including effective date provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1    1      Section 1. Section 321.1, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 95. "Automated traffic enforcement system"
  1    4   means a device with one or more sensors working in conjunction
  1    5   with one of the following:
  1    6      a. An official traffic=control signal, to produce recorded
  1    7   images of motor vehicles entering an intersection against a
  1    8   steady circular red light.
  1    9      b. A speed measuring device, to produce recorded images of
  1   10   motor vehicles traveling at a prohibited rate of speed.
  1   11      c. A railroad grade crossing signal light, as described in
  1   12   section 321.342, to produce images of vehicles violating the
  1   13   signal light.
  1   14      d. Any official traffic=control device, if failure to
  1   15   comply with the official traffic=control device constitutes a
  1   16   violation under this chapter.
  1   17      Sec. 2. NEW SECTION. 321.5A Automated traffic enforcement
  1   18   systems prohibited.
  1   19      The department or a local authority shall not place or
  1   20   cause to be placed on or adjacent to a highway, or maintain or
  1   21   employ the use of, an automated traffic enforcement system for
  1   22   the enforcement of any provision of this chapter or any local
  1   23   ordinance relating to motor vehicles.
  1   24      Sec. 3. REMOVAL OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS ====
  1   25   VALIDITY OF PRIOR NOTICES AND CITATIONS. On or before July 1,
  1   26   2011, a local authority using an automated traffic enforcement
  1   27   system shall discontinue using the system and remove the system
  1   28   equipment. Effective July 1, 2011, all local ordinances
  1   29   authorizing the use of an automated traffic enforcement system
  1   30   are void. However, notices of violations mailed or citations
  1   31   issued pursuant to such an ordinance prior to July 1, 2011,
  1   32   shall not be invalidated by the enactment of this Act and shall
  1   33   be processed according to the provisions of the law under which
  1   34   they were authorized.
  1   35      Sec. 4. EFFECTIVE UPON ENACTMENT. The section of this
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Senate File 129 - Introduced continued

  2    1   Act relating to the removal of automated traffic enforcement
  2    2   systems and the validity of prior notices and citations, being
  2    3   deemed of immediate importance, takes effect upon enactment.
  2    4                             EXPLANATION
  2    5      This bill imposes a statewide prohibition on the use of
  2    6   automated traffic enforcement systems and provides for the
  2    7   termination of existing automated traffic enforcement programs.
  2    8      The bill defines "automated traffic enforcement system"
  2    9   as a device with one or more sensors working in conjunction
  2   10   with an official traffic=control signal, a speed measuring
  2   11   device, a railroad grade crossing signal light, or any other
  2   12   official traffic=control device if failure to comply with the
  2   13   traffic=control device would constitute a moving violation. An
  2   14   automated traffic enforcement system records images of vehicles
  2   15   violating an associated traffic control signal or device or
  2   16   violating a speed limit. The definition includes within its
  2   17   scope devices known as "red light cameras" and "speed cameras".
  2   18      The bill prohibits the department of transportation and
  2   19   local authorities from placing an automated traffic enforcement
  2   20   system on or adjacent to a highway or maintaining or employing
  2   21   the use of such a system for the enforcement of state or local
  2   22   motor vehicle laws, effective July 1, 2011.
  2   23      Local authorities that are currently using automated traffic
  2   24   enforcement systems must discontinue their use and remove
  2   25   related equipment on or before July 1, 2011. On that date,
  2   26   all local ordinances authorizing the use of automated traffic
  2   27   enforcement systems are void. However, notices of violations
  2   28   that were mailed or citations which were issued prior to
  2   29   July 1, 2011, are not invalidated by the bill and remain
  2   30   enforceable. These provisions of the bill take effect upon
  2   31   enactment.
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SF 130




Senate File 130 - Introduced


                                        SENATE FILE
                                        BY COMMITTEE ON NATURAL
                                            RESOURCES AND
                                            ENVIRONMENT

                                        (SUCCESSOR TO SF 80)

                                              A BILL FOR

         1 An Act relating to raccoon hunting.
         2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 130 - Introduced continued

PAG LIN



  1    1      Section 1. Section 483A.24, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 7A. A resident of the state under sixteen
  1    4   years of age is not required to have a fur harvester license
  1    5   to accompany the minor's parent or guardian, or any other
  1    6   competent adult with the consent of the minor's parent or
  1    7   guardian, while the parent or guardian or other adult is
  1    8   legally hunting raccoons so long as the minor is not hunting
  1    9   and does not carry or use a firearm or any other weapon.
  1   10                             EXPLANATION
  1   11      This bill allows a resident of this state who is under 16
  1   12   years of age to accompany the minor's parent or guardian, or
  1   13   any other competent adult with the consent of the minor's
  1   14   parent or guardian, while that person is hunting raccoons
  1   15   without obtaining a fur harvester license so long as the minor
  1   16   does not hunt or carry a firearm or weapon of any kind.
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SF 131




Senate File 131 - Introduced


                                        SENATE FILE
                                        BY HATCH

                                        (COMPANION TO LSB
                                            2044HH BY HUNTER)

                                              A BILL FOR

         1 An Act relating to indemnification of hospitals participating
         2    in the volunteer health care provider program.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 131 - Introduced continued

PAG LIN



  1    1      Section 1. Section 135.24, subsection 2, paragraphs b and c,
  1    2   Code 2011, are amended to read as follows:
  1    3      b. Procedures for registration of hospitals, free clinics,
  1    4   field dental clinics, and specialty health care provider
  1    5   offices.
  1    6      c. Criteria for and identification of hospitals, clinics,
  1    7   free clinics, field dental clinics, specialty health care
  1    8   provider offices, or other health care facilities, health
  1    9   care referral programs, or charitable organizations,
  1   10   eligible to participate in the provision of free medical,
  1   11   dental, chiropractic, pharmaceutical, nursing, optometric,
  1   12   psychological, social work, behavioral science, podiatric,
  1   13   physical therapy, occupational therapy, respiratory therapy,
  1   14   or emergency medical care services through the volunteer
  1   15   health care provider program. A hospital, a clinic, a
  1   16    free clinic, a field dental clinic, a specialty health care
  1   17   provider office, a health care facility, a health care referral
  1   18   program, a charitable organization, or a health care provider
  1   19   participating in the program shall not bill or charge a
  1   20   patient for any health care provider service provided under the
  1   21   volunteer health care provider program.
  1   22      Sec. 2. Section 135.24, Code 2011, is amended by adding the
  1   23   following new subsection:
  1   24      NEW SUBSECTION. 6A. A hospital providing free care under
  1   25   this section shall be considered a state agency solely for
  1   26   the purposes of this section and chapter 669 and shall be
  1   27   afforded protection under chapter 669 as a state agency for
  1   28   all claims arising from the provision of free care by a health
  1   29   care provider registered under subsection 3 who is providing
  1   30   services at the hospital in accordance with this section or
  1   31   from the provision of free care by a health care provider
  1   32   who is covered by adequate medical malpractice insurance, as
  1   33   determined by the department, if the hospital has registered
  1   34   with the department pursuant to subsection 1.
  1   35      Sec. 3. Section 135.24, subsection 7, Code 2011, is amended
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Senate File 131 - Introduced continued

  2    1   by adding the following new paragraph:
  2    2      NEW PARAGRAPH. 0e. "Hospital" means hospital as defined in
  2    3   section 135B.1.
  2    4                             EXPLANATION
  2    5      This bill relates to hospitals under the volunteer health
  2    6   care provider program. The bill provides that a hospital
  2    7   providing free care under the program is considered a state
  2    8   agency solely for the purposes of the program and Code chapter
  2    9   669 (state tort claims Act) and is to be afforded protection
  2   10   under Code chapter 669 as a state agency for all claims arising
  2   11   from the provision of free care by a health care provider
  2   12   registered under the program who is providing services at
  2   13   the hospital in accordance with the program, and also is
  2   14   afforded protection for the provision of free care by a health
  2   15   care provider who is covered by adequate medical malpractice
  2   16   insurance if the hospital has registered with the department of
  2   17   public health as required under the program.
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SF 132




Senate File 132 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act relating to testing requirements for applicants for
         2    teacher licensure or endorsement.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 132 - Introduced continued

PAG LIN



  1    1      Section 1. Section 272.2, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 19. Adopt rules that require any applicant
  1    4   for a teacher license or for renewal of a teacher license
  1    5   to take the praxis II principles of learning and teaching
  1    6   test for the appropriate grade level and a praxis II teaching
  1    7   foundations test in the appropriate subject area. If the
  1    8   applicant is applying for an Iowa endorsement, the board shall
  1    9   require the applicant to take a praxis II subject assessment
  1   10   for each endorsement the applicant seeks. However, the rules
  1   11   shall exempt an applicant from the testing requirements of this
  1   12   subsection if the applicant provides the board with evidence
  1   13   that the applicant has taken the appropriate praxis II tests
  1   14   and the applicant's scores on the tests meet or exceed the
  1   15   qualifying scores approved by the board.
  1   16                             EXPLANATION
  1   17      This bill requires the board of educational examiners to
  1   18   adopt rules requiring that a person who applies to the board
  1   19   of educational examiners for a teacher license, renewal of a
  1   20   teacher license, or for an endorsement to teach in a specific
  1   21   subject area, must take a praxis II principles of learning and
  1   22   teaching test and a praxis II teaching foundations test, as
  1   23   well as a subject assessment for each endorsement the applicant
  1   24   seeks, unless the applicant provides the board with evidence
  1   25   that the applicant has taken the appropriate praxis II tests
  1   26   and the applicant's scores on the tests meet or exceed the
  1   27   qualifying scores approved by the board.
  1   28      The praxis II principles of learning and teaching test
  1   29   measures general pedagogical knowledge. The teaching
  1   30   foundations test measures pedagogy. The subject assessment
  1   31   measures general and subject=specific teaching skills and
  1   32   knowledge.
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SF 133




Senate File 133 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act authorizing school districts to pay certain teachers a
         2    mathematics or science teacher salary supplement.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 133 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 279.68 Mathematics or science
  1    2   teacher salary supplement.
  1    3      The board of directors of a school district may pay a
  1    4   mathematics or science teacher salary supplement in the amount
  1    5   of not more than ten thousand dollars annually to a teacher
  1    6   licensed under chapter 272 who meets all of the following
  1    7   qualifications:
  1    8      1. Is employed on a full=time basis under sections 279.13
  1    9   through 279.19 by the school district.
  1   10      2. Possesses an endorsement issued by the board of
  1   11   educational examiners under chapter 272 authorizing the
  1   12   teacher to provide instruction at the secondary school level
  1   13   in mathematics, biological science, chemistry, earth science,
  1   14   general science, physical science, or physics.
  1   15      3. Is assigned by the school district to teach two or more
  1   16   mathematics or science courses each semester.
  1   17                              EXPLANATION
  1   18      This bill permits a school district to pay a salary
  1   19   supplement of not more than $10,000 annually to a teacher who
  1   20   is employed by the school district; holds an endorsement issued
  1   21   by the board of educational examiners to teach mathematics,
  1   22   biological science, chemistry, earth science, general science,
  1   23   physical science, or physics at the secondary school level;
  1   24   and is assigned by the school district to teach two or more
  1   25   mathematics or science courses each semester.
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SF 134




Senate File 134 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act relating to the discontinuance of a teacher contract by
         2    the board of directors of a school district.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 134 - Introduced continued

PAG LIN



  1    1      Section 1. Section 273.3, subsection 11, Code 2011, is
  1    2   amended to read as follows:
  1    3      11. Employ personnel to carry out the functions of the
  1    4   area education agency which shall include the employment of an
  1    5   administrator who shall possess a license issued under chapter
  1    6   272. The administrator shall be employed pursuant to section
  1    7   279.20 and sections 279.23, 279.24, and 279.25. The salary for
  1    8   an area education agency administrator shall be established
  1    9   by the board based upon the previous experience and education
  1   10   of the administrator. Section 279.13 applies, subsections 1,
  1   11   2, 3, and 5, apply to the area education agency board and to
  1   12   all teachers employed by the area education agency. Sections
  1   13   279.23, 279.24, and 279.25 apply to the area education board
  1   14   and to all administrators employed by the area education
  1   15   agency.
  1   16      Sec. 2. Section 279.16, Code 2011, is amended by adding the
  1   17   following new subsection:
  1   18      NEW SUBSECTION. 11. Notwithstanding sections 279.17 and
  1   19   279.18, during each school year, the board of directors of
  1   20   a school district may vote to discontinue teacher contracts
  1   21   in an amount equivalent to one percent of the total number
  1   22   of teaching contracts the school district entered during the
  1   23   previous school year, rounded to one or to the nearest whole
  1   24   number of teacher contracts, whichever is greater. The board's
  1   25   action shall be final and binding and sections 20.18, 279.17,
  1   26   and 279.18 shall not apply unless the discontinuance was based
  1   27   on an alleged violation of a constitutionally guaranteed right
  1   28   of the teacher or an alleged violation of public employee
  1   29   rights of the teacher under section 20.10. Notwithstanding
  1   30   subsection 4, this subsection does not apply to community
  1   31   colleges or individuals employed by a community college.
  1   32      Sec. 3. Section 279.17, subsection 1, Code 2011, is amended
  1   33   to read as follows:
  1   34      1. If the teacher is no longer a probationary teacher, the
  1   35   teacher may, except as provided in section 279.16, subsection
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Senate File 134 - Introduced continued

  2    1   11, within ten days, appeal the determination of the board to
  2    2   an adjudicator by filing a notice of appeal with the secretary
  2    3   of the board. The notice of appeal shall contain a concise
  2    4   statement of the action which is the subject of the appeal, the
  2    5   particular board action appealed from, the grounds on which
  2    6   relief is sought and the relief sought.
  2    7      Sec. 4. Section 279.19, unnumbered paragraph 2, Code 2011,
  2    8   is amended to read as follows:
  2    9      In the case of the termination of a probationary teacher's
  2   10   contract, the provisions of sections 279.15 and 279.16
  2   11   shall apply. However, if the probationary teacher is a
  2   12   beginning teacher who fails to demonstrate competence in the
  2   13   Iowa teaching standards in accordance with chapter 284, the
  2   14   provisions of sections 279.17 and 279.18 shall also apply
  2   15   except as provided in section 279.16, subsection 11.
  2   16                             EXPLANATION
  2   17      This bill authorizes the board of directors of a school
  2   18   district, during each school year, to vote to discontinue
  2   19   teacher contracts in an amount equivalent to one percent of
  2   20   the total number of teaching contracts the school district
  2   21   entered during the previous school year, rounded to the nearest
  2   22   whole number of teacher contracts. The board's action shall be
  2   23   final and binding and the grievance procedures negotiated under
  2   24   collective bargaining do not apply, nor may the teacher appeal
  2   25   the action to an adjudicator or the district court unless
  2   26   the discontinuance was based on an alleged violation of a
  2   27   constitutionally guaranteed right of the teacher or an alleged
  2   28   violation of public employee rights of the teacher.
  2   29      The provisions do not apply to community colleges or area
  2   30   education agencies or to the individuals they employ.
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SF 135




Senate File 135 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act relating to the minimum hours of instructional time in
         2    a school day for school districts, charter schools, and
         3    accredited nonpublic schools and including effective date
         4    and applicability provisions.
         5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 135 - Introduced continued

PAG LIN



  1    1      Section 1. Section 256.7, subsection 19, unnumbered
  1    2   paragraph 1, Code 2011, is amended to read as follows:
  1    3      Define the minimum school day as a day consisting of five
  1    4   and one=half seven hours of instructional time for grades one
  1    5   through twelve. The minimum hours shall be exclusive of the
  1    6   lunch period, but may include passing time between classes.
  1    7   Time spent on parent=teacher conferences shall be considered
  1    8   instructional time. A school or school district may record a
  1    9   day of school with less than the minimum instructional hours as
  1   10   a minimum school day if any of the following apply:
  1   11      Sec. 2. Section 256.7, subsection 19, paragraph b, Code
  1   12   2011, is amended to read as follows:
  1   13      b. If the total hours of instructional school time for
  1   14   grades one through twelve for any five consecutive school
  1   15   days equal a minimum of twenty=seven and one=half thirty=five
  1   16    hours, even though any one day of school is less than the
  1   17   minimum instructional hours because of a staff development
  1   18   opportunity provided for the professional instructional staff
  1   19   or because parent=teacher conferences have been scheduled
  1   20   beyond the regular school day. Furthermore, if the total hours
  1   21   of instructional time for the first four consecutive days equal
  1   22   at least twenty=seven and one=half thirty=five hours because
  1   23   parent=teacher conferences have been scheduled beyond the
  1   24   regular school day, a school or school district may record zero
  1   25   hours of instructional time on the fifth consecutive school day
  1   26   as a minimum school day.
  1   27      Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance
  1   28   with section 25B.2, subsection 3, the state cost of requiring
  1   29   compliance with any state mandate included in this Act shall
  1   30   be paid by a school district from state school foundation aid
  1   31   received by the school district under section 257.16. This
  1   32   specification of the payment of the state cost shall be deemed
  1   33   to meet all the state funding=related requirements of section
  1   34   25B.2, subsection 3, and no additional state funding shall
  1   35   be necessary for the full implementation of this Act by and
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Senate File 135 - Introduced continued

  2    1   enforcement of this Act against all affected school districts.
  2    2      Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 2013.
  2    3      Sec. 5. APPLICABILITY. This Act applies to school years
  2    4   beginning on or after July 1, 2013.
  2    5                             EXPLANATION
  2    6      This bill increases the hours in the minimum school day from
  2    7   five and one=half hours to seven hours, or from 27.5 hours
  2    8   per week to 35 hours per week for school districts, charter
  2    9   schools, and accredited nonpublic schools.
  2   10      This bill may include a state mandate as defined in Code
  2   11   section 25B.3. The bill requires that the state cost of
  2   12   any state mandate included in the bill be paid by a school
  2   13   district from state school foundation aid received by the
  2   14   school district under Code section 257.16. The specification
  2   15   is deemed to constitute state compliance with any state mandate
  2   16   funding=related requirements of Code section 25B.2. The
  2   17   inclusion of this specification is intended to reinstate the
  2   18   requirement of political subdivisions to comply with any state
  2   19   mandates included in the bill.
  2   20      The bill takes effect July 1, 2013, for school years
  2   21   beginning on or after that date.
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SF 136




Senate File 136 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act relating to alternative practitioner preparation pilot
         2    programs to prepare individuals to teach elementary and
         3    secondary students.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 136 - Introduced continued

PAG LIN



  1    1      Section 1. Section 256.7, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 31. Adopt rules and, by January 1,
  1    4   2012, implement a procedure for the approval of alternative
  1    5   practitioner preparation pilot programs for individuals who
  1    6   have not completed a practitioner preparation program approved
  1    7   in accordance with subsection 3, but who have considerable life
  1    8   experiences, career achievements, and academic backgrounds as
  1    9   preparation for teaching students in one or more grade levels
  1   10   from prekindergarten through grade twelve.
  1   11                             EXPLANATION
  1   12      This bill directs the state board of education to adopt
  1   13   rules and, by January 1, 2012, implement a procedure for the
  1   14   approval of alternative practitioner preparation pilot programs
  1   15   that prepare a person, who has not completed a traditional
  1   16   practitioner preparation program, to teach students in one or
  1   17   more grade levels from prekindergarten through grade 12.
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SF 137




Senate File 137 - Introduced


                                        SENATE FILE
                                        BY McKINLEY

                                              A BILL FOR

         1 An Act establishing a value=added assessment    system to
         2    calculate annually the academic growth of    students enrolled
         3    in school districts at grade levels three    through eleven.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE    STATE OF IOWA:
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Senate File 137 - Introduced continued

PAG LIN



  1    1      Section 1. NEW SECTION. 256.24 Value=added assessment
  1    2   system.
  1    3      1. A value=added assessment system shall be established and
  1    4   implemented by the department not later than January 31, 2012,
  1    5   to provide for multivariate longitudinal analysis of annual
  1    6   student test scores to determine the influence of a school
  1    7   district's educational program on student academic growth and
  1    8   to guide school district improvement efforts. The department
  1    9   shall select a value=added assessment system provider through a
  1   10   request for proposals process. The system provider selected by
  1   11   the department shall offer a value=added assessment system to
  1   12   calculate annually the academic growth of each student enrolled
  1   13   in grade levels three through eleven and tested in accordance
  1   14   with this section, and shall, at a minimum, meet all of the
  1   15   following criteria:
  1   16      a. Use a mixed=model statistical analysis that has the
  1   17   ability to use all achievement test data for each student,
  1   18   including the data for students with missing test scores, that
  1   19   does not adjust downward expectations for student progress
  1   20   based on race, poverty, or gender, and that will provide the
  1   21   best linear unbiased predictions of school or other educational
  1   22   entity effects to minimize the impact of random errors.
  1   23      b. Have the ability to work with test data from a variety of
  1   24   sources, including data that are not vertically scaled, and to
  1   25   provide support for school districts utilizing the system.
  1   26      c. Have the capacity to receive and report results
  1   27   electronically and provide support for districts utilizing the
  1   28   system.
  1   29      d. Have the ability to create for each school district a
  1   30   chart that reports grade=equivalent scores for grades three
  1   31   through eight and gains between consecutive pairs of grades for
  1   32   each attendance center, and that provides for a district=wide
  1   33   study of grade=equivalent scores.
  1   34      2. Annually, each school district that administers the
  1   35   Iowa test of basic skills or the Iowa test of educational
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Senate File 137 - Introduced continued

  2    1   development shall, within thirty days of receiving the test
  2    2   scores, submit the test scores for each attendance center
  2    3   within the school district and each grade level tested, from
  2    4   grades three through eleven, to the system provider selected
  2    5   pursuant to subsection 1. School districts may submit
  2    6   additional assessment data for analysis and inclusion in
  2    7   reports provided to school districts pursuant to subsection
  2    8   3, to the extent that the assessment meets the criteria for
  2    9   valid academic progress interpretation specified by the system
  2   10   provider.
  2   11      3. The system provider shall provide analysis to school
  2   12   districts submitting test scores pursuant to subsection 2, and
  2   13   to the department of education. The analysis shall include
  2   14   but not be limited to attendance=center=level test results
  2   15   for the Iowa test of basic skills in the areas of reading and
  2   16   mathematics and other core academic areas when possible. The
  2   17   analysis shall also include but not be limited to the number of
  2   18   students tested, the number of test results used to compute the
  2   19   averages, the average standard score, the corresponding grade
  2   20   equivalent=score, the average stanine score for the group,
  2   21   the normal curve equivalent of average standard scores, and
  2   22   percentile ranks based on student norms, as well as measures
  2   23   of student progress. The system provider shall create a chart
  2   24   for each school district in accordance with the criteria set
  2   25   forth in subsection 1.
  2   26      4. Each school district shall have complete access to and
  2   27   full utilization of its own value=added assessment reports and
  2   28   charts generated by the system provider at the student level
  2   29   for the purpose of measuring student achievement at different
  2   30   educational entity levels.
  2   31      5. Student academic growth determined pursuant to this
  2   32   section shall not be used in teacher evaluation and shall not
  2   33   be published if individual teacher effects can be surmised.
  2   34      6. Information about student academic growth may be used
  2   35   by the school district, including school board members,
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Senate File 137 - Introduced continued

  3    1   administration, and staff, for defining student and district
  3    2   learning goals and professional development related to student
  3    3   learning goals across the school district. A school district
  3    4   may submit its academic growth measures in the annual report
  3    5   submitted pursuant to section 256.7, subsection 21, and may
  3    6   reference in the report state level norms for purposes of
  3    7   demonstrating school district performance. However, unless a
  3    8   school district chooses to submit its academic measures in the
  3    9   annual report submitted pursuant to section 256.7, subsection
  3   10   21, such measures are not public records for the purposes of
  3   11   chapter 22.
  3   12      7. The department may use student academic progress data to
  3   13   determine school improvement and technical assistance needs of
  3   14   school districts, and to identify school districts achieving
  3   15   exceptional gains. Beginning January 15, 2013, and by January
  3   16   15 of each succeeding year, the department shall submit an
  3   17   annual progress report regarding the use of student academic
  3   18   growth information in the school improvement processes to the
  3   19   general assembly and shall publish the progress report on its
  3   20   internet website.
  3   21      8. The department is encouraged to advocate that the United
  3   22   States department of education allow reporting of student
  3   23   academic progress as an additional valid measure of school
  3   24   performance, as an alternative for meeting federal safe harbor
  3   25   provisions, and for establishing statewide progress under the
  3   26   federal No Child Left Behind Act of 2001, Pub. L. No. 107=110,
  3   27   and any federal regulations adopted pursuant to the federal
  3   28   Act.
  3   29      9. A school district shall use the value=added assessment
  3   30   system established by the department pursuant to subsection
  3   31   1 not later than the school year beginning July 1, 2012.
  3   32   However, the director of educational services of an area
  3   33   education agency may grant a request made by a board of
  3   34   directors of a school district located within the boundaries
  3   35   of the area education agency stating its desire to use an
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Senate File 137 - Introduced continued

  4    1   alternative system to compute and report value=added scores
  4    2   that is statistically valid and reliable.
  4    3      Sec. 2. STATE MANDATE FUNDING SPECIFIED. In accordance
  4    4   with section 25B.2, subsection 3, the state cost of requiring
  4    5   compliance with any state mandate included in this Act shall
  4    6   be paid by a school district from state school foundation aid
  4    7   received by the school district under section 257.16. This
  4    8   specification of the payment of the state cost shall be deemed
  4    9   to meet all of the state funding=related requirements of
  4   10   section 25B.2, subsection 3, and no additional state funding
  4   11   shall be necessary for the full implementation of this Act
  4   12   by and enforcement of this Act against all affected school
  4   13   districts.
  4   14                             EXPLANATION
  4   15      This bill requires the department of education to establish
  4   16   and implement a value=added assessment system not later than
  4   17   January 31, 2012, to provide for multivariate longitudinal
  4   18   analysis of annual student test scores to determine the
  4   19   influence of a school district's educational program on student
  4   20   academic growth and to guide school district improvement
  4   21   efforts. The department of education is directed to select a
  4   22   value=added assessment system provider, based on criteria set
  4   23   forth in the bill, through a request for proposals process.
  4   24   School districts are required to use the system not later than
  4   25   the 2012=2013 school year, but may request from the district's
  4   26   area education agency authorization to use an alternative
  4   27   system.
  4   28      Each school district that administers the Iowa test of basic
  4   29   skills and the Iowa test of educational development must submit
  4   30   the test scores for each attendance center within the school
  4   31   district and each grade level tested, from grades 3 through 11,
  4   32   to the system provider within 30 days of receiving the test
  4   33   scores. School districts may submit additional assessment data
  4   34   for analysis if the data meets the criteria for valid academic
  4   35   progress interpretation specified by the system provider.
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Senate File 137 - Introduced continued

  5    1   The system provider must provide analysis to each school
  5    2   district and the department of education, and must also chart
  5    3   data, using criteria set forth in the bill, for each school
  5    4   district.
  5    5      Each school district must have complete access to and full
  5    6   utilization of its own value=added assessment reports and
  5    7   charts. Student academic growth data shall not be used in
  5    8   teacher evaluation and shall not be published if individual
  5    9   teacher effects can be surmised.
  5   10      School districts may use the data for defining student and
  5   11   district learning goals and professional development related to
  5   12   student learning goals across the school district. However,
  5   13   unless a school district chooses to submit its academic
  5   14   measures in the annual report submitted to the department and
  5   15   the local community, the measures are not public records.
  5   16      The department may use the data to determine school
  5   17   improvement and technical assistance needs of school districts
  5   18   and to identify school districts achieving exceptional gains.
  5   19   The department is directed to submit an annual progress report
  5   20   regarding the use of student academic growth information in the
  5   21   school improvement processes to the house and senate education
  5   22   committees and must publish the progress report on its internet
  5   23   website.
  5   24      The department is encouraged to advocate that the United
  5   25   States department of education allow reporting of student
  5   26   academic progress for purposes of complying with the federal No
  5   27   Child Left Behind Act of 2001.
  5   28      The bill may include a state mandate as defined in Code
  5   29   section 25B.3. The bill requires that the state cost of
  5   30   any state mandate included in the bill be paid by a school
  5   31   district from state school foundation aid received by the
  5   32   school district under Code section 257.16. The specification
  5   33   is deemed to constitute state compliance with any state mandate
  5   34   funding=related requirements of Code section 25B.2. The
  5   35   inclusion of this specification is intended to reinstate the
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Senate File 137 - Introduced continued

  6   1 requirement of political subdivisions to comply with any state
  6   2 mandates included in the bill.
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SF 138




Senate File 138 - Introduced


                                        SENATE FILE
                                        BY HAMERLINCK

                                              A BILL FOR

         1 An Act exempting from the state individual income tax federal
         2    retirement pay received for military service and including
         3    retroactive applicability provisions.
         4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 138 - Introduced continued

PAG LIN



  1    1      Section 1. Section 422.7, Code 2011, is amended by adding
  1    2   the following new subsection:
  1    3      NEW SUBSECTION. 31A. a. Subtract, to the extent included,
  1    4   retirement pay received from the federal government for
  1    5   military service performed in the armed forces, armed forces
  1    6   military reserve, or national guard.
  1    7      b. The exclusion of retirement benefits under this
  1    8   subsection is in addition to any exclusion provided under
  1    9   subsection 31.
  1   10      Sec. 2. RETROACTIVE APPLICABILITY. This Act applies
  1   11   retroactively to January 1, 2011, for tax years beginning on
  1   12   or after that date.
  1   13                             EXPLANATION
  1   14      This bill provides for the exclusion of retirement benefits
  1   15   from federal military service in the armed forces, military
  1   16   reserve, or national guard. The exemption is in addition to
  1   17   the general pension exclusion.
  1   18      The bill applies retroactively to January 1, 2011, for tax
  1   19   years beginning on or after that date.
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SF 139




Senate File 139 - Introduced


                                        SENATE FILE
                                        BY HAMERLINCK

                                        (COMPANION TO HF 6 BY
                                            COWNIE)

                                              A BILL FOR

         1 An Act requiring the development of a searchable budget
         2    database and internet site for the public to access the
         3    details of the expenditure of state tax revenues and a
         4    searchable tax rate database and internet site for the
         5    public to access the details of each tax rate for all taxing
         6    districts in the state.
         7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 139 - Introduced continued

PAG LIN



  1    1      Section 1. Section 8.6, Code 2011, is amended by adding the
  1    2   following new subsection:
  1    3      NEW SUBSECTION. 9A. Budget and tax rate databases. To
  1    4   develop and make available to the public a searchable budget
  1    5   database and internet site as required under chapter 8G,
  1    6   division I, and to develop and make available to the public
  1    7   a searchable tax rate database and internet site as required
  1    8   under chapter 8G, division II.
  1    9      Sec. 2. NEW SECTION. 8G.1 Intent ==== findings.
  1   10      The general assembly finds that taxpayers should be able to
  1   11   easily access the details on how the state is spending their
  1   12   tax dollars and the performance results achieved for those
  1   13   expenditures. Therefore, it is the intent of the general
  1   14   assembly to direct the department of management to create
  1   15   and maintain a searchable budget database and internet site
  1   16   detailing where tax dollars are expended, the purposes for
  1   17   which tax dollars are expended, and the results achieved for
  1   18   all taxpayer investments in state government.
  1   19      Sec. 3. NEW SECTION. 8G.2 Short title.
  1   20      This subchapter shall be known as and may be cited as the
  1   21   "Taxpayer Transparency Act".
  1   22      Sec. 4. NEW SECTION. 8G.3 Definitions.
  1   23      As used in this subchapter, unless the context otherwise
  1   24   requires:
  1   25      1. "Agency" means a state department, office, board,
  1   26   commission, bureau, division, institution, or public
  1   27   institution of higher education. "Agency" includes individual
  1   28   state agencies and programs, as well as those programs and
  1   29   activities that are administered by or involve more than one
  1   30   agency. "Agency" includes all elective offices in the executive
  1   31   branch of government and the general assembly.
  1   32      2. "Director" means the director of the department of
  1   33   management.
  1   34      3. "Entity" or "recipients" means any of the following:
  1   35      a. A corporation.
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Senate File 139 - Introduced continued

  2    1      b. An association.
  2    2      c. An employee union.
  2    3      d. A limited liability company.
  2    4      e. A limited liability partnership.
  2    5      f. Any other legal business entity, including nonprofit
  2    6   entities.
  2    7      g. A grant recipient.
  2    8      h. Contractors.
  2    9      i. A county, city, school district, or other local
  2   10   government entity.
  2   11   "Entity" or "recipients" does not include an individual
  2   12   recipient of state assistance.
  2   13      4. "Funding action or expenditure" includes details on the
  2   14   type of spending that is provided including but not limited
  2   15   to grants, contracts, and appropriations. "Funding action
  2   16   or expenditure" includes tax exemptions or credits. Where
  2   17   possible, an electronic link to the actual grants or contracts
  2   18   shall be provided. An electronic link shall be in a format
  2   19   that is a searchable document.
  2   20      5. "Funding source" means the state account or fund from
  2   21   which the expenditure is appropriated.
  2   22      6. "Searchable internet site" means an internet site
  2   23   that allows the public at no cost to search and compile the
  2   24   information identified in section 8G.4 and that provides such
  2   25   information in a format capable of being downloaded from the
  2   26   site to personal computers.
  2   27      7. "State audit or report" shall include any audit or report
  2   28   issued by the auditor of state, department of management,
  2   29   legislative services agency, legislative committee, or
  2   30   executive body relating to the entity or recipient of funds,
  2   31   the budget program or activity, or agency.
  2   32      Sec. 5. NEW SECTION. 8G.4 Searchable budget database
  2   33   internet site created.
  2   34      1. By January 1, 2013, the director shall develop and make
  2   35   publicly available a database internet site for searching,
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Senate File 139 - Introduced continued

  3    1   accessing, and processing data, including the data required in
  3    2   this section, for the most recent state budget. The internet
  3    3   site shall be developed in such a way that the information can
  3    4   be provided to other software applications, including internet
  3    5   software applications, in a manner and format that allows such
  3    6   software applications to access and interpret the data using
  3    7   the internal programming of the software applications.
  3    8      2. The searchable internet site developed pursuant to this
  3    9   section shall allow the public at no cost to search and compile
  3   10   information for all of the following:
  3   11      a. Name and principal location or residence of the entity or
  3   12   recipient of state funds.
  3   13      b. Amount of state funds expended.
  3   14      c. Funding or expending agency.
  3   15      d. Funding source of the revenue expended.
  3   16      e. Budget program or activity of the expenditure.
  3   17      f. Descriptive purpose for the funding action or
  3   18   expenditure.
  3   19      g. Expected performance outcome for the funding action or
  3   20   expenditure.
  3   21      h. Past performance outcomes achieved for the funding action
  3   22   or expenditure.
  3   23      i. State audit or report relating to the entity or recipient
  3   24   of state funds or the budget program or activity or agency.
  3   25      j. Any other relevant information specified by the director.
  3   26      Sec. 6. NEW SECTION. 8G.5 Internet site updates.
  3   27      1. Effective July 1, 2013, the internet site shall be
  3   28   updated for each fiscal year not later than thirty days
  3   29   following the close of the fiscal year. In addition, the
  3   30   director may update the internet site as new data becomes
  3   31   available. All agencies shall provide to the director data
  3   32   that is required to be included on the internet site not later
  3   33   than thirty days after the data becomes available to the
  3   34   agency. The director shall provide guidance to agency heads
  3   35   or the governing body of an agency to ensure compliance with
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Senate File 139 - Introduced continued

  4    1   this section.
  4    2      2. By January 1, 2014, the director shall add data for
  4    3   the previous budgets to the internet site. Data for previous
  4    4   fiscal years may be added as it becomes available and as time
  4    5   permits. The director shall ensure that all data added to the
  4    6   internet site remain accessible to the public for a minimum of
  4    7   ten years.
  4    8      Sec. 7. NEW SECTION. 8G.6 Noncompliance.
  4    9      The director shall not be considered in compliance with this
  4   10   subchapter if the data required for the internet site is not
  4   11   available in a searchable manner and capable of being compiled
  4   12   or if the public is redirected to other government internet
  4   13   sites unless each of those sites displays information from
  4   14   all agencies and each category of information required can be
  4   15   searched electronically by field in a single search.
  4   16      Sec. 8. NEW SECTION. 8G.10 Intent ==== findings.
  4   17      The general assembly finds that increasing the ease of
  4   18   public access to state and local tax rates, particularly
  4   19   where the rates are currently available from disparate
  4   20   government sources and are difficult for the public to collect
  4   21   and efficiently aggregate, significantly contributes to
  4   22   governmental accountability, public participation, and the
  4   23   understanding of the cost of government services. Therefore,
  4   24   it is the intent of the general assembly to direct the
  4   25   department of management, in consultation with the department
  4   26   of revenue, to create and maintain a searchable database and
  4   27   internet site of each tax rate for all taxing districts in the
  4   28   state to make citizen access to state and local tax rates as
  4   29   open, transparent, and publicly accessible as is feasible.
  4   30      Sec. 9. NEW SECTION. 8G.11 Short title.
  4   31      This subchapter shall be known and cited as the "Taxation
  4   32   Disclosure Act".
  4   33      Sec. 10. NEW SECTION. 8G.12 Tax rate database.
  4   34      1. Searchable tax rate database. By January 1, 2012, the
  4   35   department of management, in consultation with the department
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Senate File 139 - Introduced continued

  5    1   of revenue, shall make publicly available on an internet site
  5    2   a searchable database of all tax rates in the state for each
  5    3   taxing jurisdiction. The information shall be aggregated by
  5    4   type of tax and accessible by entering a zip code or physical
  5    5   address for each residency or business. Individual tax levies
  5    6   shall be further specified within each tax rate.
  5    7      2. Geographical tax rate map. In addition to searching for
  5    8   tax rates by zip code or physical address for each residency or
  5    9   business, searches shall be accommodated by a geographical tax
  5   10   rate map of the state that is capable of being displayed with a
  5   11   level of specificity corresponding to each taxing district.
  5   12      3. Individual tax rate calculator. Tax rate calculators
  5   13   shall be provided on the searchable database to allow citizens
  5   14   and businesses to calculate taxes based on the location of the
  5   15   citizen or business. Calculation capability shall be provided
  5   16   at a minimum for property, sales, use, income, vehicle, and
  5   17   business taxes and shall be specific to the rate for the taxing
  5   18   district identified by the citizen or business.
  5   19      Sec. 11. NEW SECTION. 8G.13 Updating database.
  5   20      To facilitate the department of management's efforts in
  5   21   creating and maintaining a searchable database of the taxes
  5   22   identified in section 8G.12, subsection 3, for all taxing
  5   23   districts in the state, every taxing district shall report its
  5   24   tax rates annually to the department of management and shall
  5   25   report any changes to its tax rates within thirty days of the
  5   26   change.
  5   27                             EXPLANATION
  5   28      This bill enacts new Code chapter 8G which is divided
  5   29   into two separate subchapters. The first subchapter (new
  5   30   Code sections 8G.1 through 8G.6), requires the department of
  5   31   management to develop and make available to the public by
  5   32   January 1, 2013, a single, searchable budget database and
  5   33   internet site. This internet site would allow the public at
  5   34   no cost to search an aggregated database that would provide
  5   35   the names and principal location or residence of recipients of
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Senate File 139 - Introduced continued

  6    1   state funds, amount of funds expended, the agency that provided
  6    2   those funds, the program or activity of the expenditure,
  6    3   description of the purpose of the expenditure, expected and
  6    4   past outcomes of funding actions or expenditures, state audits
  6    5   relating to expenditures, and other relevant information. The
  6    6   bill specifies that "recipient" does not include an individual
  6    7   recipient of state assistance.
  6    8      The bill provides that, effective July 1, 2013, the
  6    9   searchable budget database internet site is to be updated
  6   10   within 30 days of the end of each fiscal year. By January 1,
  6   11   2014, data is to be added for previous fiscal years.
  6   12      The second subchapter requires the department of management,
  6   13   in consultation with the department of revenue, by January 1,
  6   14   2012, to develop and operate on an internet site a searchable
  6   15   database of all the tax rates in the state for each taxing
  6   16   district. The database shall include the capability to
  6   17   calculate tax rates for different taxing districts.
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SF 140




Senate File 140 - Introduced


                                        SENATE FILE
                                        BY HOGG

                                              A BILL FOR

         1 An Act authorizing a contingent appropriation from the Iowa
         2    economic emergency fund and the cash reserve fund.
         3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate File 140 - Introduced continued

PAG LIN



  1    1      Section 1. Section 8.55, subsection 3, paragraph a, Code
  1    2   2011, is amended to read as follows:
  1    3      a. Except as provided in paragraphs "b", "0c", and "c",
  1    4   the moneys in the Iowa economic emergency fund shall only
  1    5   be used pursuant to an appropriation made by the general
  1    6   assembly. An appropriation shall only be made for the fiscal
  1    7   year in which the appropriation is made. The moneys shall
  1    8   only be appropriated by the general assembly for emergency
  1    9   expenditures.
  1   10      Sec. 2. Section 8.55, subsection 3, Code 2011, is amended by
  1   11   adding the following new paragraph:
  1   12      NEW PARAGRAPH. 0c. There is appropriated from the Iowa
  1   13   economic emergency fund to the general fund of the state an
  1   14   amount sufficient to reduce or prevent an overdraft on or
  1   15   deficit in the general fund of the state for the fiscal year
  1   16   in which the appropriation is made. The appropriation made in
  1   17   this paragraph shall not exceed an amount equal to ten percent
  1   18   of the combined unobligated and unencumbered balances in the
  1   19   Iowa economic emergency fund and the cash reserve fund on the
  1   20   date the appropriation is made or one hundred million dollars,
  1   21   whichever is less, and is contingent upon all of the following
  1   22   having occurred:
  1   23      (1) The governor projects that the appropriation is
  1   24   necessary to preclude implementation of or to reduce the amount
  1   25   of the uniform reductions in appropriations otherwise required
  1   26   pursuant to section 8.31 to prevent an overdraft on or deficit
  1   27   in the general fund of the state.
  1   28      (2) The governor projects that without the appropriation,
  1   29   the balance of the general fund of the state at the close of the
  1   30   fiscal year will be negative.
  1   31      (3) The general assembly is not in regular or extraordinary
  1   32   session.
  1   33      (4) The governor has issued an official proclamation and
  1   34   has notified the co=chairpersons of the fiscal committee of
  1   35   the legislative council and the legislative services agency
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Senate File 140 - Introduced continued

  2    1   verifying the contingencies addressed in subparagraphs (1)
  2    2   through (3) and outlining the reasons why the appropriation
  2    3   authorized in this paragraph "0c" is necessary to prevent an
  2    4   overdraft on or deficit in the general fund of the state. The
  2    5   appropriation amount shall be identified in the proclamation.
  2    6   The effective date of the appropriation is the date the
  2    7   proclamation is published in the Iowa administrative bulletin.
  2    8      If the balance in the Iowa economic emergency fund is
  2    9   insufficient to fund the entire amount of the appropriation
  2   10   made pursuant to this paragraph "0c", there is transferred from
  2   11   the cash reserve fund to the Iowa economic emergency fund the
  2   12   amount of the insufficiency.
  2   13                             EXPLANATION
  2   14      This bill authorizes a contingent appropriation from the
  2   15   Iowa economic emergency fund and the cash reserve fund.
  2   16      The bill amends the Iowa economic emergency fund
  2   17   provisions in Code section 8.55 to authorize a new contingent
  2   18   appropriation of up to 10 percent of the available combined
  2   19   balances of the Iowa economic emergency fund and the cash
  2   20   reserve fund or $100 million, whichever is less, to the general
  2   21   fund of the state. An existing contingent appropriation for
  2   22   a similar purpose may only be made at the close of the fiscal
  2   23   year. The new appropriation is contingent upon the following:
  2   24   the governor projecting that the appropriation is necessary
  2   25   to preclude the governor from ordering an across=the=board
  2   26   appropriation reduction in accordance with Code section 8.31,
  2   27   the governor projecting that without the appropriation the
  2   28   balance of the general fund will be negative at the close
  2   29   of the fiscal year, the general assembly is not in regular
  2   30   or extraordinary session, and the governor verifies these
  2   31   contingencies in an official proclamation which states the
  2   32   reasons why the appropriation is necessary to prevent an
  2   33   overdraft on or deficit in the general fund of the state.
  2   34      The proclamation is required to identify the amount of
  2   35   the appropriation and the appropriation takes effect on the
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Senate File 140 - Introduced continued

  3   1   date the proclamation is published in the Iowa administrative
  3   2   bulletin.
  3   3      If the balance in the Iowa economic emergency fund is
  3   4   insufficient to fund the entire amount of the contingent
  3   5   appropriation, the bill provides for a transfer from the cash
  3   6   reserve fund to the Iowa economic emergency fund in the amount
  3   7   of the insufficiency.
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SSB 1082




Senate Study Bill 1082


                                          SENATE/HOUSE FILE
                                          BY (PROPOSED DEPARTMENT
                                              OF REVENUE BILL)

                                                A BILL FOR

           1 An Act relating to the technical administration of the tax
           2    and related laws by the department of revenue, including
           3    the administration of income taxes, sales and use taxes,
           4    franchise fees, property taxes, the environmental protection
           5    charge, and notification of annexation or severance by
           6    cities and including retroactive applicability provisions.
           7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Senate Study Bill 1082 continued

PAG LIN



  1    1                             DIVISION I
  1    2                            INCOME TAXES
  1    3      Section 1. Section 2.48, subsection 3, paragraph a,
  1    4   subparagraph (2), Code 2011, is amended to read as follows:
  1    5      (2) The tax credits for increasing research activities
  1    6   available under sections 15.335, 15A.9, 422.10, and 422.33.
  1    7      Sec. 2. Section 15.119, subsection 2, paragraph c, Code
  1    8   2011, is amended by striking the paragraph.
  1    9      Sec. 3. Section 15.293A, subsection 2, paragraph f, Code
  1   10   2011, is amended to read as follows:
  1   11      f. A tax credit shall not be claimed by a transferee
  1   12   under this section until a replacement tax credit certificate
  1   13   identifying the transferee as the proper holder has been
  1   14   issued. The transferee may use the amount of the tax credit
  1   15   transferred against the taxes imposed in chapter 422, divisions
  1   16   II, III, and V, and in chapter 432, and against the moneys and
  1   17   credits tax imposed in section 533.329, for any tax year the
  1   18   original transferor could have claimed the tax credit. Any
  1   19   consideration received for the transfer of the tax credit shall
  1   20   not be included as income under chapter 422, divisions II, III,
  1   21   and V, under chapter 432, or against the moneys and credits tax
  1   22   imposed in section 533.329. Any consideration paid for the
  1   23   transfer of the tax credit shall not be deducted from income
  1   24   under chapter 422, divisions II, III, and V, under chapter
  1   25   432, or against the moneys and credits tax imposed in section
  1   26   533.329.
  1   27      Sec. 4. Section 15.329, subsection 3, Code 2011, is amended
  1   28   by striking the subsection.
  1   29      Sec. 5. Section 15.333, subsection 1, paragraph b, Code
  1   30   2011, is amended by striking the paragraph.
  1   31      Sec. 6. Section 15.393, subsection 2, paragraph a,
  1   32   subparagraph (3), Code 2011, is amended to read as follows:
  1   33      (3) After verifying the eligibility for a tax credit under
  1   34   this paragraph "a", the department of economic development
  1   35   shall issue a film, television, and video project promotion
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Senate Study Bill 1082 continued

  2    1   program tax credit certificate to be attached to the person's
  2    2   tax return. The tax credit certificate shall contain the
  2    3   taxpayer's name, address, tax identification number, the date
  2    4   of project completion, the amount of credit, other information
  2    5   required by the department of revenue, and a place for the name
  2    6   and tax identification number of a transferee and the amount
  2    7   of the tax credit being transferred. Tax credit certificates
  2    8   issued under this paragraph "a" may be transferred to any person
  2    9   or entity. Within ninety days of transfer, the transferee
  2   10   shall submit the transferred tax credit certificate to the
  2   11   department of revenue along with a statement containing the
  2   12   transferee's name, tax identification number, and address,
  2   13   and the denomination that each replacement tax credit
  2   14   certificate is to carry and any other information required by
  2   15   the department of revenue. Within thirty days of receiving
  2   16   the transferred tax credit certificate and the transferee's
  2   17   statement, the department of revenue shall issue one or more
  2   18   replacement tax credit certificates to the transferee. Each
  2   19   replacement tax credit certificate must contain the information
  2   20   required for the original tax credit certificate and must have
  2   21   the same expiration date that appeared in the transferred
  2   22   tax credit certificate. Tax credit certificate amounts
  2   23   of less than the minimum amount established by rule of the
  2   24   department of economic development shall not be transferable.
  2   25   A tax credit shall not be claimed by a transferee under this
  2   26   paragraph "a" until a replacement tax credit certificate
  2   27   identifying the transferee as the proper holder has been
  2   28   issued. The transferee may use the amount of the tax credit
  2   29   transferred against the taxes imposed in chapter 422, divisions
  2   30   II, III, and V, and in chapter 432, and against the moneys and
  2   31   credits tax imposed in section 533.329, for any tax year the
  2   32   original transferor could have claimed the tax credit. Any
  2   33   consideration received for the transfer of the tax credit shall
  2   34   not be included as income under chapter 422, divisions II, III,
  2   35   and V, under chapter 432, or against the moneys and credits tax
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Senate Study Bill 1082 continued

  3    1   imposed in section 533.329. Any consideration paid for the
  3    2   transfer of the tax credit shall not be deducted from income
  3    3   under chapter 422, divisions II, III, and V, under chapter
  3    4   432, or against the moneys and credits tax imposed in section
  3    5   533.329.
  3    6      Sec. 7. Section 15.393, subsection 2, paragraph b,
  3    7   subparagraph (2), Code 2011, is amended to read as follows:
  3    8      (2) After verifying the eligibility for a tax credit under
  3    9   this paragraph "b", the department of economic development
  3   10   shall issue a film, television, and video project promotion
  3   11   program tax credit certificate to be attached to the person's
  3   12   tax return. The tax credit certificate shall contain the
  3   13   taxpayer's name, address, tax identification number, the date
  3   14   of project completion, the amount of credit, other information
  3   15   required by the department of revenue, and a place for the name
  3   16   and tax identification number of a transferee and the amount
  3   17   of the tax credit being transferred. Tax credit certificates
  3   18   issued under this paragraph "b" may be transferred to any person
  3   19   or entity. Within ninety days of transfer, the transferee
  3   20   shall submit the transferred tax credit certificate to the
  3   21   department of revenue along with a statement containing the
  3   22   transferee's name, tax identification number, and address,
  3   23   and the denomination that each replacement tax credit
  3   24   certificate is to carry and any other information required by
  3   25   the department of revenue. Within thirty days of receiving
  3   26   the transferred tax credit certificate and the transferee's
  3   27   statement, the department of revenue shall issue one or more
  3   28   replacement tax credit certificates to the transferee. Each
  3   29   replacement tax credit certificate must contain the information
  3   30   required for the original tax credit certificate and must have
  3   31   the same expiration date that appeared in the transferred
  3   32   tax credit certificate. Tax credit certificate amounts
  3   33   of less than the minimum amount established by rule of the
  3   34   department of economic development shall not be transferable.
  3   35   A tax credit shall not be claimed by a transferee under this
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Senate Study Bill 1082 continued

  4    1   paragraph "b" until a replacement tax credit certificate
  4    2   identifying the transferee as the proper holder has been
  4    3   issued. The transferee may use the amount of the tax credit
  4    4   transferred against the taxes imposed in chapter 422, divisions
  4    5   II, III, and V, and in chapter 432, and against the moneys and
  4    6   credits tax imposed in section 533.329, for any tax year the
  4    7   original transferor could have claimed the tax credit. Any
  4    8   consideration received for the transfer of the tax credit shall
  4    9   not be included as income under chapter 422, divisions II, III,
  4   10   and V, under chapter 432, or against the moneys and credits tax
  4   11   imposed in section 533.329. Any consideration paid for the
  4   12   transfer of the tax credit shall not be deducted from income
  4   13   under chapter 422, divisions II, III, and V, under chapter
  4   14   432, or against the moneys and credits tax imposed in section
  4   15   533.329.
  4   16      Sec. 8. Section 422.7, subsection 9, Code 2011, is amended
  4   17   to read as follows:
  4   18      9. Subtract the amount of the alcohol fuel and cellulosic
  4   19   biofuels credit allowable for the tax year under section 40
  4   20   of the Internal Revenue Code to the extent that the credit
  4   21   increased federal adjusted gross income.
  4   22      Sec. 9. Section 422.33, subsection 5, paragraph f, Code
  4   23   2011, is amended by striking the paragraph.
  4   24      Sec. 10. Section 422.33, subsection 12, paragraph b, Code
  4   25   2011, is amended to read as follows:
  4   26      b. The taxes imposed under this division shall be reduced by
  4   27   investment tax credits authorized pursuant to sections section
  4   28    15.333, 15A.9, subsection 4, and section 15E.193B, subsection
  4   29   6.
  4   30      Sec. 11. Section 422.35, subsection 7, Code 2011, is amended
  4   31   to read as follows:
  4   32      7. Subtract the amount of the alcohol fuel and cellulosic
  4   33   biofuels credit allowable for the tax year under section 40
  4   34   of the Internal Revenue Code to the extent that the credit
  4   35   increased federal taxable income.
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Senate Study Bill 1082 continued

  5    1      Sec. 12. Section 422.36, subsection 4, Code 2011, is amended
  5    2   to read as follows:
  5    3      4. Foreign and domestic corporations shall file a copy of
  5    4   their federal income tax return for the current tax year with
  5    5   the return required by this section.
  5    6      Sec. 13. Section 422.89, subsection 3, unnumbered paragraph
  5    7   1, Code 2011, is amended to read as follows:
  5    8      An amount equal to ninety one hundred percent of the tax for
  5    9   the taxable year computed by placing on an annualized basis the
  5   10   taxable income:
  5   11      Sec. 14. REPEAL. Section 15A.9, Code 2011, is repealed.
  5   12      Sec. 15. RETROACTIVE APPLICABILITY. The following
  5   13   provision or provisions of this division of this Act apply
  5   14   retroactively to January 1, 2011, for tax years beginning on
  5   15   or after that date:
  5   16      1. The section of this Act amending section 422.89.
  5   17                             DIVISION II
  5   18                             SALES TAXES
  5   19      Sec. 16. Section 423.3, subsection 40, Code 2011, is amended
  5   20   to read as follows:
  5   21      40. The sales price from the sale of automotive fluids
  5   22   to a retailer to be used either in providing a service which
  5   23   includes the installation or application of the fluids in
  5   24   or on a motor vehicle, which service is subject to section
  5   25   423.2, subsection 6, or to be installed in or applied to a
  5   26   motor vehicle which the retailer intends to sell, which sale
  5   27   is subject to section 423.26 321.105A. For purposes of this
  5   28   subsection, automotive fluids are all those which are refined,
  5   29   manufactured, or otherwise processed and packaged for sale
  5   30   prior to their installation in or application to a motor
  5   31   vehicle. They include but are not limited to motor oil and
  5   32   other lubricants, hydraulic fluids, brake fluid, transmission
  5   33   fluid, sealants, undercoatings, antifreeze, and gasoline
  5   34   additives.
  5   35      Sec. 17. Section 423.36, subsection 3, paragraph a, Code
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Senate Study Bill 1082 continued

  6    1   2011, is amended to read as follows:
  6    2      a. The department shall grant and issue to each applicant
  6    3   a permit for each place of business in this state where sales
  6    4   or use tax is collected. A permit is not assignable and is
  6    5   valid only for the person in whose name it is issued and for the
  6    6   transaction of business at the place designated or at a place
  6    7   of relocation within the state same county if the ownership
  6    8   remains the same.
  6    9      Sec. 18. Section 423.57, Code 2011, is amended to read as
  6   10   follows:
  6   11      423.57 Statutes applicable.
  6   12      The director shall administer this subchapter as it relates
  6   13   to the taxes imposed in this chapter in the same manner and
  6   14   subject to all the provisions of, and all of the powers,
  6   15   duties, authority, and restrictions contained in sections
  6   16   423.14, 423.15, 423.16, 423.17, 423.19, 423.20, 423.21, 423.22,
  6   17   423.23, 423.24, 423.25, 423.28, 423.29, 423.31, 423.32, 423.33,
  6   18   423.34, 423.34A, 423.35, 423.37, 423.38, 423.39, 423.40,
  6   19   423.41, and 423.42, section 423.43, subsection 1, and sections
  6   20   423.45, 423.46, and 423.47.
  6   21      Sec. 19. REPEAL. Section 423.28, Code 2011, is repealed.
  6   22                            DIVISION III
  6   23                           PROPERTY TAXES
  6   24      Sec. 20. Section 427B.4, Code 2011, is amended to read as
  6   25   follows:
  6   26      427B.4 Application for exemption by property owner.
  6   27      1. a. An application shall be filed for each project
  6   28   resulting in actual value added for which an exemption is
  6   29   claimed. The first application for exemption shall be filed
  6   30   by the owner of the property with the local assessor governing
  6   31   body of the city or county in which the property is located by
  6   32   February 1 of the assessment year in which the value added is
  6   33   first assessed for taxation for which the exemption is first
  6   34   claimed, but not later than the year in which all improvements
  6   35   included in the project are first assessed for taxation, or the
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Senate Study Bill 1082 continued

  7    1   following two assessment years.
  7    2      b. Applications for exemption shall be made on forms
  7    3   prescribed by the director of revenue and shall contain
  7    4   information pertaining to the nature of the improvement, its
  7    5   cost, the estimated or actual date of completion, whether the
  7    6   exemption schedules described in section 427B.3 or an alternate
  7    7   schedule adopted pursuant to section 427B.1 will be elected,
  7    8    and any other information deemed necessary by the director of
  7    9   revenue.
  7   10      2. a. A person may submit a proposal to the city council
  7   11   of the city or the board of supervisors of a county to receive
  7   12   prior approval for eligibility for a tax exemption on new
  7   13   construction. The city council or the board of supervisors, by
  7   14   ordinance, may give its prior approval of a tax exemption for
  7   15   new construction if the new construction is in conformance with
  7   16   the zoning plans for the city or county. The prior approval
  7   17   shall also be subject to the hearing requirements of section
  7   18   427B.1.
  7   19      b. Prior approval received under this subsection does not
  7   20   entitle the owner to exemption from taxation until the new
  7   21   construction has been completed and found to be qualified real
  7   22   estate. However, if the tax exemption for new construction is
  7   23   not approved, the person may submit an amended proposal to the
  7   24   city council or board of supervisors to approve or reject.
  7   25      Sec. 21. RETROACTIVE APPLICABILITY. This division of this
  7   26   Act applies retroactively to January 1, 2011, for assessment
  7   27   years beginning on or after that date.
  7   28                             DIVISION IV
  7   29                            MISCELLANEOUS
  7   30      Sec. 22. Section 364.2, subsection 4, paragraph f, Code
  7   31   2011, is amended to read as follows:
  7   32      f. (1) A franchise fee assessed by a city may be based
  7   33   upon a percentage of gross revenues generated from sales of the
  7   34   franchisee within the city not to exceed five percent, without
  7   35   regard to the city's cost of inspecting, supervising, and
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Senate Study Bill 1082 continued

  8    1   otherwise regulating the franchise. Franchise fees collected
  8    2   pursuant to an ordinance in effect on May 26, 2009, shall be
  8    3   deposited in the city's general fund and such fees collected
  8    4   in excess of the amounts necessary to inspect, supervise, and
  8    5   otherwise regulate the franchise may be used by the city for
  8    6   any other purpose authorized by law. Franchise fees collected
  8    7   pursuant to an ordinance that is adopted or amended on or
  8    8   after May 26, 2009, to increase the percentage rate at which
  8    9   franchise fees are assessed shall be credited to the franchise
  8   10   fee account within the city's general fund and used pursuant
  8   11   to section 384.3A. If a city franchise fee is assessed to
  8   12   customers of a franchise, the fee shall not be assessed to the
  8   13   city as a customer. Before a city adopts or amends a franchise
  8   14   fee rate ordinance or franchise ordinance to increase the
  8   15   percentage rate at which franchise fees are assessed, a revenue
  8   16   purpose statement shall be prepared specifying the purpose or
  8   17   purposes for which the revenue collected from the increased
  8   18   rate will be expended. If property tax relief is listed as
  8   19   a purpose, the revenue purpose statement shall also include
  8   20   information regarding the amount of the property tax relief to
  8   21   be provided with revenue collected from the increased rate.
  8   22   The revenue purpose statement shall be published as provided
  8   23   in section 362.3.
  8   24      (2) If a city adopts, amends, or repeals an ordinance
  8   25   imposing a franchise fee, the city shall promptly notify the
  8   26   director of revenue of such action.
  8   27      Sec. 23. Section 368.24, Code 2011, is amended to read as
  8   28   follows:
  8   29      368.24 Notification to public utilities and to the department
  8   30   of revenue.
  8   31      Notwithstanding any other provision of law to the contrary,
  8   32   any city that annexes territory or any city from which
  8   33   territory is severed shall provide written notification
  8   34   consisting of a legal description and map of the annexed or
  8   35   severed territory, each street address within the annexed
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Senate Study Bill 1082 continued

  9    1   or severed area, where possible, a statement containing the
  9    2   effective date of the annexation or severance and a copy of
  9    3   the order, resolution, or ordinance proclaiming the annexation
  9    4   or severance to all public utilities operating in the annexed
  9    5   or severed area and to the department of revenue. If the
  9    6   notification of the an annexation is provided to a public
  9    7   utility less than sixty days prior to the effective date of the
  9    8   annexation, the public utility shall have sixty days from the
  9    9   date of notification to adjust its tax and accounting records
  9   10   to reflect the annexation for any tax purpose.
  9   11      Sec. 24. Section 424.2, subsections 6, 10, and 13, Code
  9   12   2011, are amended to read as follows:
  9   13      6. "Depositor" means the person who deposits petroleum into
  9   14   an underground storage tank subject to regulation under chapter
  9   15   455G or an aboveground petroleum storage tank as defined
  9   16   in section 101.21, located at a retail motor vehicle fuel
  9   17   outlet if the aboveground storage tank is physically connected
  9   18   directly to pumps which dispense petroleum that is sold at the
  9   19   motor vehicle fuel outlet on a retail basis.
  9   20      10. "Owner or operator" means "owner or operator" of an
  9   21   underground storage tank as used in chapter 455G or the "owner"
  9   22   or "operator" of an aboveground petroleum storage tank as
  9   23   defined in section 101.21, located at a retail motor vehicle
  9   24    fuel outlet if the aboveground storage tank is physically
  9   25   connected directly to pumps which dispense petroleum that is
  9   26   sold at the motor vehicle fuel outlet on a retail basis.
  9   27      13. "Tank" means an underground storage tank subject to
  9   28   regulation under chapter 455G or an aboveground petroleum
  9   29   storage tank as defined in section 101.21, located at a retail
  9   30   motor vehicle fuel outlet if the aboveground storage tank is
  9   31   physically connected directly to pumps which dispense petroleum
  9   32   that is sold at the motor vehicle fuel outlet on a retail
  9   33   basis.
  9   34                             EXPLANATION
  9   35      This bill relates to the technical administration of the tax
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 10    1   and related laws by the department of revenue.
 10    2      Division I of the bill relates to income taxes.
 10    3      The division repeals Code section 15A.9, which is the
 10    4   quality jobs enterprise zone program. The program, commonly
 10    5   known as the enterprise zone program, is currently administered
 10    6   pursuant to Code sections 15E.191 through 15E.197, and the last
 10    7   contract issued under the quality jobs enterprise zone program
 10    8   is now expired, making Code section 15A.9 no longer necessary.
 10    9   The bill makes changes to Code sections 2.48, 15.119, 15.329,
 10   10   and 422.33 in conformance with the repeal of Code section
 10   11   15A.9.
 10   12      The division amends Code sections 15.293A and 15.393 to
 10   13   eliminate certain income=related references to the insurance
 10   14   premium tax and moneys and credits tax which are not imposed
 10   15   on an income basis. The amended Code sections relate to
 10   16   the tax credits available for brownfield redevelopment, film
 10   17   expenditures, and film investment.
 10   18      In 2010, the refundability of certain investment tax
 10   19   credits related to value=added agricultural products was
 10   20   repealed. Code section 15.333, subsection 1, paragraph "b",
 10   21   which contains a related provision, was not amended at that
 10   22   time. The division strikes Code section 15.333, subsection 1,
 10   23   paragraph "b", to reflect the changes made in 2010.
 10   24      The division amends Code sections 422.7 and 422.35 to update
 10   25   the name of the individual and corporate tax credits for the
 10   26   production of alcohol and biofuels to be the same as the name
 10   27   of the credit available in section 40 of the federal Internal
 10   28   Revenue Code.
 10   29      The division amends Code section 422.36 to provide that
 10   30   domestic corporations must provide a copy of their federal
 10   31   income tax return when filing their state corporation income
 10   32   tax return.
 10   33      In 2009, certain provisions were enacted to increase the
 10   34   standard for the exception to the underpayment of estimated
 10   35   tax penalty for Iowa corporation income tax for annualization
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Senate Study Bill 1082 continued

 11    1   of income from 90 percent of the tax liability to 100 percent
 11    2   of the tax liability. Code section 422.89, which contains a
 11    3   similar provision, was not amended at that time. The bill
 11    4   amends Code section 422.89 to reflect the substance of the
 11    5   changes made in 2009. This provision of the bill applies
 11    6   retroactively to January 1, 2011, for tax years beginning on
 11    7   or after that date.
 11    8      Division II of the bill relates to sales taxes.
 11    9      The division amends Code section 423.3, relating to sales
 11   10   and use tax exemptions, to correct an internal reference to
 11   11   Code section 321.105A relating to the sale of a motor vehicle
 11   12   and the fee for a new vehicle registration.
 11   13      Code section 423.28 required motor vehicle dealers to file
 11   14   reports related to the payment of sales tax for the sale of
 11   15   motor vehicles. Because such sales are now subject to the
 11   16   fee for new vehicle registration, such reports are no longer
 11   17   required, and the division repeals Code section 423.28 and
 11   18   makes a conforming amendment to Code section 423.57.
 11   19      The division amends Code section 423.36 to provide that a
 11   20   new sales tax permit must be obtained if a place of business is
 11   21   relocated from one county to another rather than from within
 11   22   the state. Without updated sales tax permit information, the
 11   23   distribution of local option sales tax revenue may be impacted.
 11   24      Division III of the bill relates to property taxes.
 11   25      The division amends Code section 427B.4 to extend by two
 11   26   years the time period for claiming the industrial real estate
 11   27   or cattle facilities property tax exemptions. Currently, a
 11   28   taxpayer cannot claim one of these exemptions unless it is
 11   29   claimed in the first year the property is eligible for the
 11   30   exemption. This provision of the bill applies retroactively
 11   31   to January 1, 2011, for assessment years beginning on or after
 11   32   that date.
 11   33      Division IV of the bill contains miscellaneous changes.
 11   34       The division amends Code section 364.2, relating to
 11   35   franchise fees imposed by cities, to require a city to notify
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 12    1   the department whenever an ordinance imposing a franchise fee
 12    2   is adopted, amended, or repealed. Because the imposition of
 12    3   a franchise fee requires utilities to stop collecting the
 12    4   local option sales and services tax and instead collect the
 12    5   franchise fee, the adoption, amendment, or repeal of such a fee
 12    6   impacts the department's distribution of local option sales and
 12    7   services tax revenue to local governments.
 12    8      The division amends Code section 368.24 to require cities
 12    9   that annex or sever territory to also notify the department of
 12   10   revenue, in addition to notifying public utilities, in order to
 12   11   facilitate the department's distribution of local option sales
 12   12   and service tax revenue to local governments.
 12   13      The division amends Code section 424.2, relating to the
 12   14   environmental protection charge, by correcting out=of=date
 12   15   language referring to motor fuel outlets. The division makes
 12   16   language in Code section 424.2 consistent with similar language
 12   17   used in Code chapter 452A, relating to motor fuel and special
 12   18   fuel taxes.
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SSB 1083




Senate Study Bill 1083


                                          SENATE/HOUSE FILE
                                          BY (PROPOSED DEPARTMENT
                                              OF TRANSPORTATION
                                              BILL)

                                                A BILL FOR

           1 An Act relating to matters under the purview of the department
           2    of transportation, including provisions relating to the
           3    regulation of motor vehicles and motor vehicle operations
           4    and provisions relating to the coordination of public
           5    transit funding programs, and making penalties applicable.
           6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
             TLSB 1191DP (8) 84
             dea/nh
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Senate Study Bill 1083 continued

PAG LIN



  1    1                             DIVISION I
  1    2                            MOTOR VEHICLE
  1    3      Section 1. Section 307.27, subsection 8, Code 2011, is
  1    4   amended to read as follows:
  1    5      8. Administer the registration of interstate authority
  1    6   of motor carriers pursuant to chapter 327B as provided in
  1    7   49 U.S.C. { 14504 14504a and United States department of
  1    8   transportation regulations.
  1    9      Sec. 2. Section 321.1, subsection 15, Code 2011, is amended
  1   10   to read as follows:
  1   11      15. "Conviction" means a final conviction, including but not
  1   12   limited to a plea of guilty or nolo contendere accepted by the
  1   13   court; a final administrative ruling or determination,; or an
  1   14   unvacated forfeiture of bail or collateral deposited to secure
  1   15   a person's appearance in court.
  1   16      Sec. 3. Section 321.174, subsection 2, Code 2011, is amended
  1   17   to read as follows:
  1   18      2. a. A person operating a commercial motor vehicle shall
  1   19   not have more than one driver's license. A nonresident may
  1   20   operate a commercial motor vehicle in Iowa if the nonresident
  1   21   has been issued a license by another state, a nonresident
  1   22   commercial driver's license, or a driver's license issued by a
  1   23   foreign jurisdiction which the federal highway administration
  1   24   has determined to be issued in conformity with the federal
  1   25   commercial driver testing and licensing standards, if the
  1   26   license, commercial driver's license, or driver's license is
  1   27   valid for the vehicle operated.
  1   28      b. A person who operates a commercial motor vehicle upon the
  1   29   highways of this state without having been issued a driver's
  1   30   license valid for the vehicle operated commits a simple
  1   31   misdemeanor.
  1   32      c. A person who operates a commercial motor vehicle upon the
  1   33   highways of this state after the person's commercial driver's
  1   34   license has been downgraded to a noncommercial status pursuant
  1   35   to section 321.210E commits a simple misdemeanor.
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  2    1      Sec. 4. Section 321.178, subsection 2, Code 2011, is amended
  2    2   to read as follows:
  2    3      2. Restricted license.
  2    4      a. (1) A person between sixteen and eighteen years of age
  2    5   who has completed an approved driver's education course and is
  2    6   not in attendance at school and has not met the requirements
  2    7   described in section 299.2, subsection 1, may be issued a
  2    8   restricted license only for travel to and from work or to
  2    9   transport dependents to and from temporary care facilities,
  2   10   if necessary for the person to maintain the person's present
  2   11   employment. The restricted license shall be issued by the
  2   12   department only upon confirmation of the person's employment
  2   13   and need for a restricted license to travel to and from work or
  2   14   to transport dependents to and from temporary care facilities
  2   15   if necessary to maintain the person's employment. The employer
  2   16   shall notify the department if the employment of the person is
  2   17   terminated before the person attains the age of eighteen.
  2   18      (2) (a) A person issued a restricted license under this
  2   19   section shall not use an electronic communication device or an
  2   20   electronic entertainment device while driving a motor vehicle
  2   21   unless the motor vehicle is at a complete stop off the traveled
  2   22   portion of the roadway. This subparagraph division does not
  2   23   apply to the use of electronic equipment which is permanently
  2   24   installed in the motor vehicle or to a portable device which is
  2   25   operated through permanently installed equipment. A violation
  2   26   of this subparagraph division shall not be considered a moving
  2   27   violation except for purposes of section 321.193.
  2   28      (b) For the period beginning July 1, 2010, through June
  2   29   30, 2011, peace officers shall issue only warning citations
  2   30   for violations of subparagraph division (a). The department,
  2   31   in cooperation with the department of public safety, shall
  2   32   establish educational programs to foster compliance with the
  2   33   requirements of subparagraph division (a).
  2   34      b. The department may suspend a restricted driver's license
  2   35   issued under this section upon receiving satisfactory evidence
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Senate Study Bill 1083 continued

  3    1   that the licensee has violated the restrictions imposed under
  3    2   paragraph "a", subparagraph (2), subparagraph division (a).
  3    3    The department may also suspend a restricted license issued
  3    4   under this section upon receiving a record of the person's
  3    5   conviction for one violation and shall revoke the license upon
  3    6   receiving a record of conviction for two or more violations
  3    7   of a law of this state or a city ordinance regulating the
  3    8   operation of motor vehicles on highways, other than parking
  3    9   violations as defined in section 321.210. After revoking a
  3   10   license under this section the department shall not grant an
  3   11   application for a new license or permit until the expiration
  3   12   of one year or until the person attains the age of eighteen
  3   13   whichever is the longer period.
  3   14      c. A person who violates the restrictions imposed under
  3   15   paragraph "a", subparagraph (2), subparagraph division (a),
  3   16   shall be issued a citation under this section and shall not be
  3   17   issued a citation under section 321.193. A violation of the
  3   18   restrictions imposed under paragraph "a", subparagraph (2),
  3   19   subparagraph division (a), shall not be considered a moving
  3   20   violation.
  3   21      Sec. 5. Section 321.180B, subsection 3, Code 2011, is
  3   22   amended to read as follows:
  3   23      3. Remedial driver improvement action ==== suspension of
  3   24   permit, intermediate license, or full license.
  3   25      a. A person who has been issued an instruction permit,
  3   26   an intermediate license, or a full driver's license under
  3   27   this section, upon conviction of a moving traffic violation
  3   28   or involvement in a motor vehicle accident which occurred
  3   29   during the term of the instruction permit or intermediate
  3   30   license, shall be subject to remedial driver improvement action
  3   31   or suspension of the permit or current license. A person
  3   32   possessing an instruction permit who has been convicted of a
  3   33   moving traffic violation or has been involved in an accident
  3   34   shall not be issued an intermediate license until the person
  3   35   has completed the remedial driver improvement action and
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  4    1   has been accident and violation free continuously for the
  4    2   six=month period immediately preceding the application for the
  4    3   intermediate license. A person possessing an intermediate
  4    4   license who has been convicted of a moving traffic violation
  4    5   or has been involved in an accident shall not be issued a full
  4    6   driver's license until the person has completed the remedial
  4    7   driver improvement action and has been accident and violation
  4    8   free continuously for the twelve=month period immediately
  4    9   preceding the application for a full driver's license.
  4   10      b. The department may suspend an instruction permit,
  4   11   intermediate license, or full license issued under this section
  4   12   upon receiving satisfactory evidence that the person issued
  4   13   the instruction permit, intermediate license, or full license
  4   14   violated the restrictions imposed under subsection 1, 2, or
  4   15   6 during the term of the instruction permit or intermediate
  4   16   license.
  4   17      Sec. 6. Section 321.180B, subsection 6, paragraph a, Code
  4   18   2011, is amended to read as follows:
  4   19      a. A person issued an instruction permit or intermediate
  4   20   driver's license under this section shall not use an electronic
  4   21   communication device or an electronic entertainment device
  4   22   while driving a motor vehicle unless the motor vehicle is at a
  4   23   complete stop off the traveled portion of the roadway. This
  4   24   paragraph does not apply to the use of electronic equipment
  4   25   which is permanently installed in the motor vehicle or to
  4   26   a portable device which is operated through permanently
  4   27   installed equipment. A violation of this paragraph shall not
  4   28   be considered a moving violation except for purposes of section
  4   29   321.193.
  4   30      Sec. 7. Section 321.180B, Code 2011, is amended by adding
  4   31   the following new subsection:
  4   32      NEW SUBSECTION. 6A. Citations for violation of
  4   33   restrictions. A person who violates the restrictions imposed
  4   34   under subsection 1, 2, or 6 shall be issued a citation
  4   35   under this section and shall not be issued a citation under
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Senate Study Bill 1083 continued

  5    1   section 321.193. A violation of the restrictions imposed
  5    2   under subsection 1, 2, or 6 shall not be considered a moving
  5    3   violation.
  5    4      Sec. 8. Section 321.186A, subsection 1, Code 2011, is
  5    5   amended to read as follows:
  5    6      1. An applicant for a new or renewed driver's license other
  5    7   than a commercial driver's license need not take a vision test
  5    8   administered by the department if the applicant files with
  5    9   the department a vision report signed by a licensed vision
  5   10   specialist in accordance with this section.
  5   11      Sec. 9. Section 321.188, subsection 1, paragraph c, Code
  5   12   2011, is amended to read as follows:
  5   13      c. Successfully pass knowledge tests and driving skills
  5   14   tests which the department shall require by rule, provide
  5   15   self=certification of type of driving, and provide a medical
  5   16   examiner's certificate prepared by a medical examiner, as
  5   17   defined in 49 C.F.R. { 390.5, as required by rule by the
  5   18   department. The rules adopted shall substantially comply
  5   19   with the federal minimum testing and licensing requirements
  5   20   in 49 C.F.R. part 383, subparts E, G, and H, as adopted by
  5   21   rule by the department. Except as required under 49 C.F.R.
  5   22   part 383, subpart E, G, or H, a commercial driver's license is
  5   23   renewable without a driving skills test within one year after
  5   24   its expiration date.
  5   25      Sec. 10. Section 321.188, subsection 4, Code 2011, is
  5   26   amended to read as follows:
  5   27      4. The department shall check the applicant's driving
  5   28   record as maintained by the applicant's current licensing
  5   29   state, the national commercial driver's license information
  5   30   system, and the national driver register to determine whether
  5   31   the applicant qualifies to be issued a commercial driver's
  5   32   license. The department shall notify the national commercial
  5   33   driver's license information system of the issuance, renewal,
  5   34   or upgrade of a commercial driver's license and shall post the
  5   35   driver's self=certification of type of driving as required by
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Senate Study Bill 1083 continued

  6    1   rule. The department shall also post information from the
  6    2   medical examiner's certificate required under subsection 1,
  6    3   paragraph "c", to the national commercial driver's license
  6    4   information system, if required by rule.
  6    5      Sec. 11. Section 321.194, subsection 1, paragraph c,
  6    6   subparagraph (1), Code 2011, is amended to read as follows:
  6    7      (1) A person issued a driver's license under this section
  6    8   shall not use an electronic communication device or an
  6    9   electronic entertainment device while driving a motor vehicle
  6   10   unless the motor vehicle is at a complete stop off the traveled
  6   11   portion of the roadway. This subparagraph does not apply to
  6   12   the use of electronic equipment which is permanently installed
  6   13   in the motor vehicle or to a portable device which is operated
  6   14   through permanently installed equipment. A violation of this
  6   15   subparagraph shall not be considered a moving violation except
  6   16   for purposes of section 321.193.
  6   17      Sec. 12. Section 321.194, Code 2011, is amended by adding
  6   18   the following new subsection:
  6   19      NEW SUBSECTION. 3. Citations for violation of
  6   20   restrictions. A person who violates the restrictions imposed
  6   21   under subsection 1, paragraph "a" or "c", shall be issued a
  6   22   citation under this section and shall not be issued a citation
  6   23   under section 321.193. A violation of the restrictions
  6   24   imposed under subsection 1, paragraph "a" or "c", shall not be
  6   25   considered a moving violation.
  6   26      Sec. 13. NEW SECTION. 321.207 Downgrade of commercial
  6   27   driver's license.
  6   28      The department shall adopt rules for downgrading a
  6   29   commercial driver's license to a noncommercial status upon a
  6   30   driver's failure to provide a medical examiner's certificate as
  6   31   required pursuant to section 321.188, subsection 1, paragraph
  6   32   "c", or upon a driver's failure to provide a self=certification
  6   33   of type of driving as required pursuant to section 321.188,
  6   34   subsection 1, paragraph "c". The rules shall substantially
  6   35   comply with 49 C.F.R. { 383.71 and 383.73, as adopted by rule
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  7    1   by the department.
  7    2      Sec. 14. Section 321.376, Code 2011, is amended by adding
  7    3   the following new subsection:
  7    4      NEW SUBSECTION. 3. As used in this section and section
  7    5   321.375, "driver of a school bus" or "school bus driver" does not
  7    6   include a mechanic, delivery driver, or other person operating
  7    7   an empty school bus for purposes other than the transportation
  7    8   of passengers. Such persons must still hold a commercial
  7    9   driver's license valid for the operation of a vehicle of the
  7   10   size and type operated, including a passenger endorsement, but
  7   11   are not required to hold a driver's license with a school bus
  7   12   endorsement.
  7   13      Sec. 15. Section 321A.5, subsection 1, Code 2011, is amended
  7   14   to read as follows:
  7   15      1. The department shall, immediately or within sixty days
  7   16   after the receipt of a report of a motor vehicle accident
  7   17   within this state which has resulted in bodily injury or death
  7   18   or damage to the property of any one person in the amount of one
  7   19   thousand five hundred dollars or more, suspend the license of
  7   20   each operator and all registrations of each owner of a motor
  7   21   vehicle in any manner involved in the accident, and if the
  7   22   operator is a nonresident the privilege of operating a motor
  7   23   vehicle within this state, and if the owner is a nonresident
  7   24   the privilege of the use within this state of any motor vehicle
  7   25   owned by the owner, unless the operator or owner or both
  7   26   shall deposit security in a sum which shall be sufficient in
  7   27   the judgment of the department to satisfy any judgment or
  7   28   judgments for damages resulting from the accident as may be
  7   29   recovered against the operator or owner; provided notice of the
  7   30   suspension shall be sent by the department to the operator and
  7   31   owner not less than ten days prior to the effective date of the
  7   32   suspension and shall state the amount required as security.
  7   33      Sec. 16. Section 321A.17, subsection 4, Code 2011, is
  7   34   amended to read as follows:
  7   35      4. An individual applying for a driver's license following a
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  8    1   period of suspension or revocation pursuant to a dispositional
  8    2   order issued under section 232.52, subsection 2, paragraph
  8    3   "a", or under section 321.180B, section 321.210, subsection
  8    4   1, paragraph "a", subparagraph (4), or section 321.210A,
  8    5   321.213A, 321.213B, 321.216B, or 321.513, following a period
  8    6   of suspension under section 321.178 or 321.194, or following
  8    7   a period of revocation pursuant to a court order issued under
  8    8   section 901.5, subsection 10, or under section 321J.2A, is not
  8    9   required to maintain proof of financial responsibility under
  8   10   this section.
  8   11      Sec. 17. Section 321G.10, Code 2011, is amended to read as
  8   12   follows:
  8   13      321G.10 Accident reports.
  8   14      If a snowmobile is involved in an accident resulting in
  8   15   injury or death to anyone or property damage amounting to one
  8   16   thousand five hundred dollars or more, either the operator or
  8   17   someone acting for the operator shall immediately notify the
  8   18   county sheriff or another law enforcement agency in the state.
  8   19   If the accident occurred on public land or ice under the
  8   20   jurisdiction of the commission, the operator shall file with
  8   21   the commission a report of the accident, within seventy=two
  8   22   hours, containing information as the commission may require.
  8   23   For all All other accidents resulting in injury or death or
  8   24   property damage amounting to one thousand dollars or more, the
  8   25   operator shall forward a written report to the department of
  8   26   transportation within seventy=two hours, unless the accident is
  8   27   investigated by a law enforcement agency as provided in shall
  8   28   be reported as required under section 321.266.
  8   29      Sec. 18. Section 321I.11, Code 2011, is amended to read as
  8   30   follows:
  8   31      321I.11 Accident reports.
  8   32      If an all=terrain vehicle is involved in an accident
  8   33   resulting in injury or death to anyone or property damage
  8   34   amounting to one thousand five hundred dollars or more,
  8   35   either the operator or someone acting for the operator
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  9    1   shall immediately notify the county sheriff or another law
  9    2   enforcement agency in the state. If the accident occurred on
  9    3   public land or ice under the jurisdiction of the commission,
  9    4   the operator shall file with the commission a report of the
  9    5   accident, within seventy=two hours, containing information
  9    6   as the commission may require. For all All other accidents
  9    7   resulting in injury or death or property damage amounting
  9    8   to one thousand dollars or more, the operator shall forward
  9    9   a written report to the department of transportation within
  9   10   seventy=two hours, unless the accident is investigated by a law
  9   11   enforcement agency as provided in shall be reported as required
  9   12   under section 321.266.
  9   13      Sec. 19. Section 322C.3, Code 2011, is amended by adding the
  9   14   following new subsection:
  9   15      NEW SUBSECTION. 10. A person who has been convicted of
  9   16   a fraudulent practice, has been convicted of three or more
  9   17   violations of section 321.92, subsection 2, or section 321.99,
  9   18   or has been convicted of any other indictable offense in
  9   19   connection with selling or other activity relating to vehicles,
  9   20   in this state or any other state, shall not for a period of five
  9   21   years from the date of conviction be an owner, salesperson,
  9   22   employee, officer of a corporation, or representative of a
  9   23   licensed travel trailer dealer or represent themselves as an
  9   24   owner, salesperson, employee, officer of a corporation, or
  9   25   representative of a licensed travel trailer dealer.
  9   26      Sec. 20. Section 325A.4, subsection 1, paragraph e, Code
  9   27   2011, is amended by striking the paragraph.
  9   28      Sec. 21. Section 325A.21, Code 2011, is amended to read as
  9   29   follows:
  9   30      325A.21 Transferability of regular=route Regular=route
  9   31    certificate nontransferable.
  9   32      A regular=route passenger certificate shall not be sold,
  9   33   transferred, leased, or assigned without the approval of the
  9   34   department. The department shall approve the sale, transfer,
  9   35   lease, or assignment if the person obtaining or seeking to
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Senate Study Bill 1083 continued

 10    1   obtain ownership or control of a certificate is found to be
 10    2   fit, willing, and able to perform the service proposed. In
 10    3   determining the fitness of the person seeking transfer of the
 10    4   certificate, the department shall consider only the person's
 10    5   compliance with safety, financial fitness, and insurance
 10    6   requirements.
 10    7      Sec. 22. Section 327B.1, Code 2011, is amended to read as
 10    8   follows:
 10    9      327B.1 Authority secured and registered.
 10   10      1. a. It is unlawful for a carrier to perform an interstate
 10   11   transportation service for compensation upon the highways of
 10   12   this state without first registering the authority obtained
 10   13   from the United States department of transportation or evidence
 10   14   that such authority is not required with the state department
 10   15   of transportation.
 10   16      b. 2. The department shall participate in the single state
 10   17   insurance registration program unified carrier registration
 10   18   plan and agreement for regulated motor carriers as provided
 10   19   in 49 U.S.C. { 14504 14504a and United States department of
 10   20   transportation regulations.
 10   21      c. Registration for carriers transporting commodities exempt
 10   22   from United States department of transportation regulation
 10   23   shall be granted without hearing upon application and payment
 10   24   of a twenty=five=dollar filing fee and an annual one=dollar fee
 10   25   per vehicle.
 10   26      d. The state department of transportation may execute
 10   27   reciprocity agreements with authorized representatives of any
 10   28   state exempting nonresidents from payment of fees as set forth
 10   29   in this chapter. The state department of transportation shall
 10   30   adopt rules pursuant to chapter 17A for the identification of
 10   31   vehicles operated under reciprocity agreements.
 10   32      e. Fees may be subject to reduction or proration pursuant
 10   33   to sections 326.5 and 326.32.
 10   34      2. a. On and after the date on which the secretary of the
 10   35   United States department of transportation establishes the
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Senate Study Bill 1083 continued

 11    1   unified carrier registration system in accordance with Title
 11    2   49, United States Code, as amended by Pub. L. No. 109=59,
 11    3      3. As provided in 49 U.S.C. { 14504a, a foreign or domestic
 11    4   motor carrier, motor private carrier, leasing company, broker,
 11    5   or freight forwarder shall not operate any motor vehicle on
 11    6   the highways of this state without first registering the motor
 11    7   vehicle under the unified carrier registration system agreement
 11    8    and paying all required fees.
 11    9      b. The state department of transportation shall continue
 11   10   to require each interstate for=hire motor carrier to make an
 11   11   annual payment of one dollar per owned and operated vehicle for
 11   12   filings made with the state department of transportation under
 11   13   the single state registration system until the occurrence of
 11   14   the transition termination date in accordance with 49 U.S.C.
 11   15   { 13902(f), as amended by Pub. L. No. 109=59.
 11   16      c. The state department of transportation may participate in
 11   17   the unified carrier registration plan and agreement established
 11   18   in accordance with 49 U.S.C. { 14504a, as amended by Pub.
 11   19   L. No. 109=59, and to file on behalf of the state the plan
 11   20   required by the provisions of 49 U.S.C. { 14504a(e).
 11   21      3. A motor carrier shall keep proper evidence of interstate
 11   22   authority in the motor vehicle being operated by the motor
 11   23   carrier and the motor carrier owner or driver shall make such
 11   24   evidence available to a peace officer upon request.
 11   25      4. A motor carrier owner or driver charged with failure
 11   26   to have proper evidence of interstate authority shall not be
 11   27   convicted of such violation and the citation shall be dismissed
 11   28   by the court if the person produces to the clerk of court prior
 11   29   to the date of such person's court appearance as indicated on
 11   30   the citation, proof of interstate authority issued to that
 11   31   person and valid at the time the person was charged with the
 11   32   violation under this section. Upon dismissal, the court or
 11   33   clerk of court shall assess the costs of the action against the
 11   34   defendant named on the citation.
 11   35      Sec. 23. Section 327B.2, Code 2011, is amended to read as
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Senate Study Bill 1083 continued

 12    1   follows:
 12    2      327B.2 Enforcement.
 12    3      The state department of transportation may designate by
 12    4   resolution certain of its employees upon each of whom there
 12    5   is hereby conferred the authority of a peace officer to make
 12    6   arrests for violations of laws relating to the registration of
 12    7   a motor carrier's interstate transportation service with the
 12    8   state department of transportation registering a motor vehicle
 12    9   under the unified carrier registration agreement.
 12   10      Sec. 24. Section 805.8A, subsection 13, paragraph f, Code
 12   11   2011, is amended by striking the paragraph and inserting in
 12   12   lieu thereof the following:
 12   13      f. For violations of section 327B.1, subsection 1 or 2, the
 12   14   scheduled fine is two hundred fifty dollars.
 12   15      Sec. 25. Section 805.8A, subsection 13, paragraph g, Code
 12   16   2011, is amended by striking the paragraph.
 12   17      Sec. 26. Section 901.5, subsection 10, Code 2011, is amended
 12   18   to read as follows:
 12   19      10. a. In addition to any sentence imposed pursuant to
 12   20   chapter 902 or 903, the court shall order the state department
 12   21   of transportation to revoke the defendant's driver's license or
 12   22   motor vehicle operating privilege for a period of one hundred
 12   23   eighty days, or to delay the issuance of a driver's license
 12   24   for one hundred eighty days after the person is first eligible
 12   25   if the defendant has not been issued a driver's license, and
 12   26   shall send a copy of the order in addition to the notice of
 12   27   conviction required under section 124.412, 126.26, or 453B.16,
 12   28   to the state department of transportation, if the defendant is
 12   29   being sentenced for any of the following offenses:
 12   30      a. (1) A controlled substance offense under section
 12   31   124.401, 124.401A, 124.402, or 124.403.
 12   32      b. (2) A drug or drug=related offense under section 126.3.
 12   33      c. (3) A controlled substance tax offense under chapter
 12   34   453B.
 12   35      b. If the person's operating privileges are suspended or
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Senate Study Bill 1083 continued

 13    1   revoked at the time of sentencing, the order shall provide that
 13    2   the one hundred eighty=day revocation period shall not begin
 13    3   until all other suspensions or revocations have terminated.
 13    4   Any order under this section shall also provide that the
 13    5   department shall not issue a temporary restricted license to
 13    6   the defendant during the revocation period, without further
 13    7   order by the court.
 13    8                             DIVISION II
 13    9                           TRANSIT REPORT
 13   10      Sec. 27. Section 324A.4, subsection 2, Code 2011, is amended
 13   11   to read as follows:
 13   12      2. a. Upon request, the department shall provide assistance
 13   13   to political subdivisions, state agencies, and organizations
 13   14   affected by this chapter for federal aid applications for urban
 13   15   and rural transit system program aid. The department, in
 13   16   cooperation with the regional planning agencies, shall maintain
 13   17   current information reflecting the amount of federal, state,
 13   18   and local aid received by the public and private nonprofit
 13   19   organizations providing public transit services and the purpose
 13   20   for which the aid is received. The department shall annually
 13   21    biennially prepare a report to be submitted to the general
 13   22   assembly, the department of management, and to the governor,
 13   23    prior to February 1 of each year, stating the receipts and
 13   24   disbursements made during the preceding fiscal year and the
 13   25   adequacy of programs financed by federal, state, local, and
 13   26   private aid in the state. The department shall analyze the
 13   27   programs financed and December 15 of even=numbered years.
 13   28   The report shall recommend methods of avoiding duplication
 13   29   and increasing the efficacy of programs financed to increase
 13   30   transportation coordination and improve the efficiency of
 13   31   federal, state, and local government programs used to finance
 13   32   public transit services and may address other topics as
 13   33   appropriate. The department shall receive comments from the
 13   34   department of human services, the department on aging, and
 13   35   the officers and agents of the other affected state and local
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 14    1   government units relative to the department's analysis shall
 14    2   provide input as requested by the department.
 14    3      b. The department shall use the following criteria to adopt
 14    4   rules to determine compliance with and exceptions to subsection
 14    5   1:
 14    6      (1) Elimination of duplicative and inefficient
 14    7   administrative costs, policies, and management.
 14    8      (2) Utilization of resources for transportation services
 14    9   effectively and efficiently.
 14   10      (3) Elimination of duplicative and inefficient
 14   11   transportation services.
 14   12      (4) Development of transportation services which meet the
 14   13   needs of the general public and insure services adequate to the
 14   14   needs of transportation disadvantaged persons.
 14   15      (5) Protection of the rights of private enterprise public
 14   16   transit providers.
 14   17      (6) Coordination of planning for transportation services at
 14   18   the urban and regional level by all agencies or organizations
 14   19   receiving public funds that are purchasing or providing
 14   20   transportation services.
 14   21      (7) Management of equipment and facilities purchased with
 14   22   public funds so that efficient and routine maintenance and
 14   23   replacement is accomplished.
 14   24      (8) Training of transit management, drivers, and
 14   25   maintenance personnel to provide safe, efficient, and
 14   26   economical transportation services.
 14   27      b. c. Eligibility to receive or expend federal, state,
 14   28   or local funds for transportation services by all agencies or
 14   29   organizations purchasing or providing these services shall be
 14   30   contingent upon compliance with these criteria as determined
 14   31   by the department.
 14   32                             EXPLANATION
 14   33      This bill contains provisions relating to the regulation of
 14   34   motor vehicles and the coordination of public transit funding
 14   35   programs by the department of transportation.
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Senate Study Bill 1083 continued

 15    1   DIVISION I ==== MOTOR VEHICLES. The definition of
 15    2   "conviction" in Code section 321.1 is amended, for purposes
 15    3   of Code chapter 321, to include a plea of guilty or nolo
 15    4   contendere accepted by the court.
 15    5      Code section 321.174 is amended to specify that a person
 15    6   commits a simple misdemeanor if the person operates a
 15    7   commercial motor vehicle after the person's commercial driver's
 15    8   license has been downgraded to noncommercial status.
 15    9      Code section 321.178 is amended to provide that the
 15   10   department may suspend a restricted driver's license issued
 15   11   to a person between 16 and 18 years of age if the department
 15   12   receives satisfactory evidence that the licensee has used an
 15   13   electronic communication or entertainment device while driving.
 15   14   The bill also provides that a citation for such a violation
 15   15   shall be issued under Code section 321.178 and not Code section
 15   16   321.193, relating to license restrictions in general.
 15   17      Code section 321.180B is amended to provide that the
 15   18   department may suspend an instruction permit, an intermediate
 15   19   driver's license, or a full driver's license of a person
 15   20   under 21 years of age if the department receives satisfactory
 15   21   evidence that the person violated the restrictions of their
 15   22   instruction permit or intermediate driver's license, including
 15   23   the restriction against use of an electronic communication or
 15   24   entertainment device while driving. The bill also provides
 15   25   that a citation for such a violation shall be issued under Code
 15   26   section 321.180B and not Code section 321.193, relating to
 15   27   license restrictions in general.
 15   28      Code section 321.186A is amended to allow an applicant for a
 15   29   commercial driver's license to submit a vision report signed by
 15   30   a licensed vision specialist in lieu of taking a vision test
 15   31   administered by the department. This is current practice for
 15   32   applicants for a noncommercial license.
 15   33      Code section 321.188 is amended, and Code section 321.207 is
 15   34   created, to require an applicant to provide self=certification
 15   35   of type of driving and a medical examiner's certificate
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Senate Study Bill 1083 continued

 16    1   before the department issues, renews, or upgrades the person's
 16    2   commercial driver's license. The department's notification
 16    3   to the national commercial driver's license information
 16    4   system of the issuance, renewal, or upgrade of a license shall
 16    5   include the driver's self=certification and medical examiner's
 16    6   certificate. The department is required to establish rules for
 16    7   downgrading a commercial driver's license to noncommercial for
 16    8   failure to provide self=certification of type of driving or a
 16    9   medical examiner's certificate.
 16   10      Code section 321.194 is amended to provide that the
 16   11   department may suspend a special minor's driver's license,
 16   12   which is issued to a person between 14 and 18 years of age
 16   13   for travel to and from school if the department receives
 16   14   satisfactory evidence that the person violated the restrictions
 16   15   of the special minor's license, including the restriction
 16   16   against use of an electronic communication or entertainment
 16   17   device while driving. The bill also provides that a citation
 16   18   for such a violation shall be issued under Code section 321.194
 16   19   and not Code section 321.193, relating to license restrictions
 16   20   in general.
 16   21      Code section 321.376 is amended to specify that a mechanic,
 16   22   delivery driver, or other person operating an empty school
 16   23   bus for purposes other than the transportation of passengers
 16   24   is not considered a "school bus driver" for purposes of Code
 16   25   sections 321.375 and 321.376, which establish special physical
 16   26   and instructional requirements for school bus drivers. A
 16   27   commercial driver's license valid for the vehicle operated,
 16   28   including a passenger endorsement, is required for operation
 16   29   of an empty school bus, but a school bus endorsement is not
 16   30   required.
 16   31      Code section 321A.5 is amended to increase the property
 16   32   damage threshold amount triggering special financial
 16   33   responsibility requirements following a motor vehicle accident
 16   34   from $1,000 to $1,500. In addition, Code sections 321G.10 and
 16   35   321I.11 are amended to raise the property damage threshold
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Senate Study Bill 1083 continued

 17    1   amount triggering accident reporting requirements for accidents
 17    2   involving snowmobile and all=terrain vehicles from $1,000 to
 17    3   $1,500. In 2010, motor vehicle accident reporting requirements
 17    4   were revised to require an accident report to be made following
 17    5   any motor vehicle accident resulting in property damage of
 17    6   $1,500 or more.
 17    7      Code section 321A.17 is amended to provide that a
 17    8   person applying for a driver's license following a period
 17    9   of suspension is not required to meet proof of financial
 17   10   responsibility requirements if the person was issued a special
 17   11   minor's license under Code section 321.178 and the suspension
 17   12   was for a violation of the restrictions applicable to that
 17   13   license. Similar provisions currently apply for licenses and
 17   14   permits issued under the graduated driver licensing program
 17   15   in Code section 321.180B and for restricted licenses issued
 17   16   to persons between 16 and 18 years of age under Code section
 17   17   321.194.
 17   18      Code section 322C.3 is amended to provide that conviction of
 17   19   a fraudulent practice; conviction of three or more violations
 17   20   of Code section 321.92, subsection 2, relating to vehicles
 17   21   without identification numbers, or Code section 321.99,
 17   22   relating to fraudulent use of a vehicle registration card,
 17   23   plate, or permit; or conviction of any other indictable
 17   24   offense in connection with selling or other activity relating
 17   25   to vehicles, in this state or any other state, disqualifies
 17   26   a person from acting as or representing themselves as an
 17   27   owner, salesperson, employee, officer of a corporation, or
 17   28   representative of a licensed travel trailer dealer for five
 17   29   years from the date of conviction.
 17   30      Code sections 325A.4 and 325A.21 are amended to eliminate
 17   31   provisions allowing for the transfer of a regular=route
 17   32   passenger certificate.
 17   33      Code sections 327B.1 and 327B.2 are amended by striking
 17   34   obsolete provisions relating to the registration of interstate
 17   35   carriers under the single state insurance registration program
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Senate Study Bill 1083 continued

 18    1   to reflect that Iowa now participates in the unified carrier
 18    2   registration agreement for regulated motor carriers. The bill
 18    3   strikes the requirement for a motor carrier to carry evidence
 18    4   of interstate authority in the motor vehicle being operated.
 18    5   Currently, the penalty for failure to carry proper evidence of
 18    6   interstate authority or exemption from authority is a scheduled
 18    7   fine of $250. The bill strikes that provision and replaces
 18    8   it with a $250 scheduled fine for failure to register and pay
 18    9   required fees under the unified carrier registration system and
 18   10   for failure to register interstate authority or exemption from
 18   11   authority with the state department of transportation. Code
 18   12   section 805.8A is also amended by striking the penalty for
 18   13   failure to have proper carrier identification markings.
 18   14      Code section 901.5 is amended to allow the department of
 18   15   transportation to issue a temporary restricted driver's license
 18   16   without a court order to a defendant whose license has been
 18   17   ordered revoked in cases involving controlled substance=related
 18   18   offenses.
 18   19      DIVISION II ==== PUBLIC TRANSIT. Under current law, the
 18   20   department of transportation is required to submit an annual
 18   21   report to the general assembly, the department of management,
 18   22   and the governor providing an analysis of transit programs
 18   23   financed by federal, state, local, and private aid and stating
 18   24   the receipts and disbursements for the programs during the
 18   25   preceding fiscal year. The amendment to Code section 324A.4
 18   26   eliminates the detailed financial accounting from the reporting
 18   27   requirement and provides for a biennial rather than annual
 18   28   report to be made to the general assembly and the governor
 18   29   only. In its report, the department is to recommend methods to
 18   30   increase transportation coordination and improve efficiency of
 18   31   government programs used to finance public transit services.
           LSB 1191DP (8) 84
           dea/nh

				
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